CHAPTER 1 INTERNATIONAL LAW- Is the body of legal rules which apply between sovereign States and such other

entities as have been granted international personality. DIVISIONS 1. Law Of Peace- Normal relations of States 2. Law of War- during war and hostilities 3. Law of Neutrality- relations with belligerents or those involved in war DISTINCTIONS WITH MUNICIPAL LAW MONISTS- Fundamental notions of int’l law cannot be comprehended without assumption of superior legal order from which systems of municipal law are derived. DUALISTS MUNICIPAL LAW INTERNATIONAL LAW Issued by a political Adopted by States as a superior for observance by common rule of action those under its authority Enactments from law From sources such as int’l making authority customs, conventions and general principles of int’l law Regulates relations of Regulates relations between individuals among States and int’l persons themselves Violations redressed thru Resolved thru state-to-state local/administrative and transactions judicial processes (negotiations/arbitration or reprisals/war) Breaches entails Individual Collective/attaches to state responsibility RELATION TO MUNICIPAL LAW DOCTRINE INCORPORATION- (emphasizes amenability to Int’l Law) By affirming their recognition of the principles of international law in their constitutions

DOCTRINE OF TRANSFORMATION- Generally, accepted rules of int’l law are not per se binding upon the State but must first be embodied in legislation enacted by the lawmaking body and so transformed into municipal law. - Rule: Reconcile apparent contradiction and thereby give effect, if possible to both. Presumed that municipal law is always enacted with due regard with PIL. SANCTIONS IN INTERNATIONAL LAW SANCTIONS - The compulsive force of reciprocal advantage & fear retaliation Kinds of Sanctions - observance will redound to the welfare of the whole international community. - Sanction- compelling force to obey the law. - Normal habits of obedience in man as a social being - Desire to protect agreeable public image in order to maintain goodwill and favorable regard to the rest of the family of nations. (respect for world opinion) - Fear of retaliation by other states - Machinery of the UN - May consist of appeal to public opinion, publication of correspondence, censure by parliamentary vote, demand for arbitration with the odium attendant on a refusal to arbitrate, reprisals etc… PEREMPTORY- applied to something which removes or takes away an existing claim or right - A peremptory exception is a plea which if sustained will require final dismissal of the action contracted by dilatory plea. - A writ or order like mandamus which requires unqualified obedience contracted with an alternative writ.

INTERNATIONAL LAW AS DISTINGUISHED FROM OTHER CONCEPTS INTERNATIONAL MORALITY/ETHICS- Principles which govern relations of States from the higher standpoint of conscience, morality, justice and humanity INTERNATIONAL COMITY- Refers to those rules of courtesy observed by states in their mutual relations. INTERNATIONAL ADMIN. LAW- Body of laws and regulations, created by action of int’l conferences or commissions which regulate relations of int’l and nat’l. agencies. INTERNATIONAL DIPLOMACY- Objects of int’l or nat’l policy and conduct of foreign or int’l affairs; application of intelligence and tact in the conduct of official relations between independent states BASIS OF INTERNATIONAL LAW NATURALIST SCHOOL- Natural and universal principle of right and wrong, independent of any mutual intercourse or compact which is supposed to be discovered or recognized by the individual through the use of his reason and conscience. International law is a law above the state POSITIVIST SCHOOL- Binding force of int’l law derived from the agreement of states. A law of coordination not subordination. Positive identification or acknowledgement of the law necessary to make it binding, on states it purports to govern. Consent is asserted, expressed, implied, presumed. ECLECTICS- Compromise position. System of int’l law is based on the dictate of right reason as well as the practice of states. In case of conflict: natural law is to prevail. Grotius- father of int’l law. Voluntary law may blend with the natural law and be indeed the expression of it. ENFORCEMENT OF INTERNATIONAL LAW

IS INTERNATIONAL LAW A TRUE LAW? If AUSTINIAN CONCEPT followed, true law only if prescribed by political superior with power to punish violators, therefore IL is not a true law. OTHER VIEW: IL A TRUE LAW. Society may voluntarily adopt and obey although no specific penalty imposed for non-observance. OBSERVANCE ENFORCEMENT Essentially subjective Process by which dependent on volition of observance may be the entity which is compelled usually by force governed by law or threat of force ENFORCEMENT- process by which such observance may be compelled, usually by force or at least the threat of force. States are able to enforce international law thru international organizations or regional groups. Before resorting to Int’l Orgs may resolve thru DIPLOMATIC TALKS or HOSTILE MEANS. After war: Prosecution of war criminals & collection of reparations. May be treated as a part of municipal law. FUNCTIONS OF INTERNATIONAL LAW 1. Establish peace and order in the community of nations and to prevent employment of force in international relations. 2. Promote world friendship by leveling barriers 3. Encourage and ensure greater international cooperation in the solution of certain common problems of political, economic, cultural or humanitarian character. 4. Aims to provide for orderly management of the relations of states on the basis of substantive rules they have agreed to observe. CHAPTER 2

ART. 387 ICJ Statute- Sources of International Law PRIMARY/DIRECT SECONDARY/INDIRECT Treaties Decisions of courts Conventions Writings of publicists Customs General principles of law ART. 387- The court, whose function is to decide in accordance with international law such disputes as are submitted to it shall apply: a. Int’l conventions, general or particular, establishing rules expressly recognized by the contesting state b. International custom, as evidence of a general practice accepted by law. c. General principles of law recognized by civilized nations d. Judicial decisions and teachings of most highly qualified publicists of various nations, as subsidiary means for determination of rules of law Particular IL- Ex. Bilateral treaty Except: if of the same nature, practically uniform provisions and concluded substantial # of states. Ex: standard extradition treaties General Rule: to be a direct source, MUST BE CONCLUDED BY SIZABLE # OF STATES. OR if intended to lay down rules for the observance of all, subsequently signed by other states. CUSTOM- (Fenwick) A practice which has grown up between states and has become accepted as binding by the mere fact of PERSISTENT USAGE over a long period of time. Ex: Immunity for foreign heads of states or diplomats (principle of extraterritoriality) PROBLEMS: 1. Determination when a practice can be considered to have hardened enough into custom

2. Inability at times to adjust swiftly to developments. Ex. Rules of blockade. USAGE- also a long established way of doing things by states not coupled with the conviction that it is obligatory and right. Ex. Maritime Ceremonials GENERAL PRINCIPLES OF LAW- Mostly derived from law of nature; observed by majority of states because believed to be good and just. Ex. Prescription, estoppel, pacta sunt servanda, consent, res judicata. Based on reason and conscience. SECONDARY SOURCES - No distinction as to decisions of int’l or nat’l tribunals. - As long as undertakes to establish true rule of law - STARE DECISIS not applicable in IL decisions of the court binding only upon the parties. - Writings of publicists= mere qualifications not enough; fair and unbiased representation. CHAPTER 3 INTERNATIONAL COMMUNITY- Body of juridical entities which are governed by the law of nations. - Includes other international persons SUBJECT OBJECT - Entity that has - Person or thing in rights and respect of which responsibilities rights are held under the law and obligations - Faculty of assumed by the Motivation: can be subject a proper party to - Not governed by transactions IL - Rights and responsibilities imposed thru instrumentality of

agency thru which the will of the state is formulated.An organization of states which retain their sovereignty.Restricted capacity of the state to discharge int’l obligations owing either to treaty commitments or to its limited resources CLASSIFICATION OF STATES INDEPENDENT DEPENDENT .Full international . (defined territory necessary for jurisdictional reasons) . while delegating to the collective power to represent them as the whole for certain limited and specified purposes. REAL UNION. resulting in the creation of a new state with full international personality to represent them in their external relations as well as certain degree of power over their domestic affairs and inhabitants. in conformity with municipal law. FEDERAL UNION. there are some.racial/ethnic concept.exemplified by the - personality Simple or somposite either of which neutralized - protectorate and suzerainty do not have control of their external relations INDEPENDENT STATES. indicates a relation of birth or origin and implies a common race.A group of people living together in a definite territory under an independent government organized for political ends and capable of entering into international relations NATION. Sovereignty or independence 5. B. usually characterized by community of language and customs.human beings living in a territory TERRITORY. Possession of sufficient degree of civilization PEOPLE. CONFEDERATION. SIMPLE STATE. GOVERNMENT.fixed portion of the surface of the earth in which people of the state reside. thru which they act as one entity. 2.consists of 2 or more states. Government 4. 3.intermediate agency STATE. . Recognition by other states 6. COMPOSITE STATE. control over their external relations.2 or more states merged under a unified authority so that they form a single int’l person.power of the state to direct its own external affairs without interference or dictation from other states. Permanent population 2. to a greater or less degree. states forming this union retain their separate entities. expressed and realized SOVEREIGNTY. small enough to be administered and defended. ELEMENTS OF STATE/NATION 1.one placed under a single and centralized government exercising power over both its internal and external affairs. do not exercise full direction.Combination of 2 or more sovereign states which upon merger cease to be states. 1. CAPACITY OF STATES. each with its own separate government but bound under a central authority exercising. Definite territory 3.Must be big enough to be self-sufficient. .recognition of a state is considered a political act which may not be compelled.State which is not subject to dictation from others A.

instances where such entities have been allowed to participate in their own right in international undertakings MANDATES AND TRUST TERRITORIES SYSTEM OF MANDATES. does not become one int’l person. Lateran Treaty. 4. exclusive dominion and sovereign authority and jurisdiction of the Holy See over the Vatican COLONIES AND DEPENDENCIES Part and parcel of the parent state thru which all its external relations are transacted with other states.recognizing state: while not conferring all rights of an independent state. VATICAN CITY. 4.established to avoid outright annexation of the underdeveloped territories taken from defeated powers 3 KINDS OF Trust Territories 1.2 or more independent states are brought together under the rule of the same monarch. DEPENDENT STATES (Semi-sovereign). 6. C. nonsuability. 5. differs from real union as only external affairs are controlled.an observer in the UN. external policies directed by the same rules. tax exemption) Has a right of legation Can assert diplomatic claim on behalf of its officials Treaties may be concluded with it Trust territories under residual sovereignty Can wage war thru exercise of power to undertake enforcement action in case of threat to or breach of int’l peace. NEUTRALIZED STATES. Voluntarily paced under by States responsible for their administration . Switzerland international friction. buffer to relieve Ex. guarantee integrity and independence provided it refrains from taking any act that will involve it in war or other hostile activity except for defensive purposes. imperfect int’l person. 5.Treaty recognizes full ownership.g. PERSONAL UNION.a legal paradox: states of statehood implies independence. Detached from defeated states after WW2 3. concedes to 2. INCORPORATE UNION. D. inviolability of premises and archives. . possessed of sovereignty.A union 2 or more states under a central authority empowered to direct both their external and internal affairs and possessed of separate international personality.each member state. does not have voting right. NEUTRALIZED GUARANTEEING Remove from anxiety Humanitarian or political: and expenses of int’l balance of power or politics. Under mandate of the League of Nations 2. Enjoys certain privileges and immunities (e.Exercises treaty making power and right of diplomatic intercourse . able to maintain international relations. subject to control of other states in the direction of external affairs UNITED NATIONS Purposes why Regarded as international person: 1.for the purpose of assuring to the Holy See absolute visible independce and of guaranteeing it absolute and indisputable sovereignty in the field of international relations.WON Simple/Composite may be neutralized by agreement with other states. Sovereign of the Supreme Pontiff .Sovereignty held in abeyance until recognition as independent state is obtained BELLIGERENT COMMUNITIES. 3.

provides for the organization and operations of the different organs of the UN. adoption of change thru amendment. an inchoative state. national and international ultimately governed by the law of society including those theoretically binding upon states as agents of individual.may be called by majority vote of GA and 9 members of the SC for purpose of reviewing the charter. statute of ICJ annexed and integral part. Treaty of Versailles) CHAPTER 4 UN Charter.Universal declaration of HR recognition of inherent dignity and of the equal and inalienable rights of all members of human family . obligations with charter prevails. To save succeeding generations from the scourge of war 2. PREAMBLE. if right violated. To reaffirm the faith in fundamental human rights 3. To ensure by accepted principles that armed force shall not be used 7.derives binding force from the agreement of the parties to it.111 articles. CONSTITUTION. Reasons: . Amendments. 103.UN Charter reaffirms faith in fundamental HR . redress only thru the state ANOTHER VIEW: Individual is basic unit of society. Purposes mainly non-political 2. ratified by 2/3 of members including permanent members of the SC GENERAL CONFERENCE. Content: 1.conflict between obligations of members of the UN under the Charter and obligations under other int’l agreement. Applies not only to members of the org.introduces the charter and sets the common intentions that moved original members to unite will and efforts to achieve common purpose. Art. for purposes of conflict it is an international person. but also to nonmember states so far as necessary for the maintenance of int’l peace and security. (ex. come into force upon 2/3 votes of the GA. Regarded as: TREATY. To maintain int’l peace and security . PURPOSE. To practice tolerance and live together in peace 5.the government recognized the rights and imposes upon it the obligations of an independent state in matters relating to war being waged. Autonomous INDIVIDUALS TRADITIONAL CONCEPT: Individual a concept of international law.may be proposed by 2/3 of conference.Treaties directly confer rights upon individuals and authorize them to bring lawsuits against states before national and international tribunals. INTERNATIONAL ADMIN BODIES 2 CONDITIONS MUST CONCUR:l 1. To promote social progress and better standards of life 4. To unite strength and maintain int’l peace and security 6. To employ int’l machinery for the promotion of economic and social advancement of all peoples.the aggregation of common ends 1.

those who participated in the UN conference & signed declaration on Jan 1972. It must be a state 2. security and justice are not endangered. Cannot be elected or continue to serve in the SC. Elective Distinction: Manner of admission QUALIFICATIONS FOR ELIGIBILITY 1.nothing in the Charter shall authorize the UN 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. It must accept the obligations of the charter 4. and shall refrain from giving assistance to any state against which the UN is taking preventive or enforcement action. 2. All members shall settle their int’l disputes by peaceful means in such manner that int’l peace. in order to ensure to all of them the rights and benefits resulting from the membership shall fulfill in good faith the obligations assumed by them in accordance with present charter. PRINCIPLES. Organization shall ensure that states which are not members of the UN act in accordance with these principles so far as necessary for the maintenance of int’l peace and security GR: Treaties binding upon parties.deals with methods and regulating norms according to which the UN and its members shall discharge their obligations 7 CARDINAL PRINCIPLES 1. 4. Principle of Non-Intervention. Non-participation in meetings of the GA 2. Organization is based on the principle of the sovereign equality of all its members. this principle shall not prejudice application of enforcement. It must be willing to carry out these obligations Admitted thru a vote of the GA upon favorable recommendation by the SC SUSPENSION OF MEMBERS . Nationals of suspended member may continue serving in ICJ . It must be peace loving 3.Takes place when preventive or enforcement action taken by the SC . or in any other manner inconsistent with the purposes of the UN. MEMBERSHIP 2 KINDS 1.Effected thru 2/3 vote of those present in the GA upon favorable recommendation of 9 members of SC EFFECT 1. Original. EXC: Principle #6 7. 6. To develop friendly relations among nations based on respect for the principles of equal rights and self determination of peoples 3. 5.51 members. All members shall refrain from the threat or use of force against territorial integrity or political independence of any state. To achieve int’l cooperation in solving int’l problems 4. ESC or TC 3. 2. All members. 3. To be center for harmonizing the actions of nations in the attainment of these common ends. It must be able to carry out these obligations 5.2. All members shall give The UN every assistance in any action it takes in accordance with the present charter.

Must still discharge obligations under the charter EXPULSION Member which persistently violates principles in the charter may be expelled by: . China . An amendment duly accepted by the necessary majority either in the GA or in the general conference is not ratified. Admission 4. recommendations for coordination. CHR SPECIALIZED AGENCIES 1. IMF 3. 5 PERMANENT MEMBERS 1.SG. Int’l law commission 3. Supervisory. ICJ 5. Budgeting matters All other matters majority vote of those present and voting FUNCTIONS: 1.. Military staff committee 2. WITHDRAWAL OF MEMBERS No express provision UN May permit withdrawal if: a. ESC. Financial 4. ESC 4. Secretariat SUBSIDIARY 1. Recommendations on int’l peace and security 2.Upon favorable recommendation of SC by qualified majority vote.2/3 vote of those present in the GA . Initiating studies and making recommendations for dev’t of IL 2. Organization was revealed to be unable to maintain peace or could do so only at the expense of law and justice b.4.admission of members and amendment of charter SECURITY COUNCIL Key organ for maintenance of int’l peace and security. 3. Elective.election of non-permanent members of the SC. 5alternate. WHO 2. SC 3. Trusteeship system 6. GA 2. Deliberative. Judges of the ICJ 5. technical staff Regular Session: 3rd Tuesday of September Special Session: @ call of majority of members or request of the SC 1 VOTE/MEMBER When 2/3 vote required: 1.ex.receiving and considering annual & special reports from other organs. ORGANS OF THE UN PRINCIPAL 1. TC. Board etc… GENERAL ASSEMBLY Representative of the UN Each member: 5 Rep. Constituent. Member’s rights and obligations as such were changed by a charter amendment which it had not concurred or which it finds unable to accept c. Suspension and expulsion 5. Technical Asst. Election of members of the council 3.

Absence of a permanent member in connection w/ voting on a non-procedural question is considered a veto. VETO.it can disprove any proposal to consider a question merely procedural and thereafter vote against the question on the merits.governed by the YALTA FORMULA 1 VOTE/MEMBER PROCEDURAL Matters. Europe/other states Not eligible for immediate re-election VOTING. Europe 1 E. Meet in regular session in accordance with rules. Purpose of Yalta Formula: ensure unity of permanent members.2yr term 5 Africa/Asia 2 Latin America 2 W. INTERNATIONAL COURT OF JUSTICE . 4. int’l cultural and educational cooperation 3. proposal is deemed adopted if approved by at least 9 members including remaining permanent members. Universal respect for and observance of HR and fundamental freedoms without distinction ESC assisted by subsidiary organs. may be re-elected immediately. 5.Judicial Organ of the UN . Solutions of int’l economic. SC may take steps for pacific settlement of disputes and preventive/enforcement action. social. conditions of economic and social progress 2. special session at the request of the majority 1 VOTE/MEMBER. ECONOMIC AND SOCIAL COUNCIL All members elected by GA for a term of 3 years.no member who is a party to such dispute can vote. .Functions in accordance with the Statute 10 ELECTED MEMBERS.9 including 5 permanent members Pacific settlement of a dispute. Higher Standards of living. EFFORT TOWARDS 1. France US UK Russia LIMITATION: dispute is int’l unless parties submit matter to UN SC also approves trusteeship agreements. constituent functions. health and related problems. 3. May enter into agreements subject to approval of GA with specialized agencies.9 or more votes SUBSTANTIVE Matters.prevent agreement on a non-procedural question even if supported by all DOUBLE VETO. full employment. Decision= majority vote Members of the UN/Specialized Agencies may participate but without vote.2.

including non-members of the UN may be parties 2. - 1. JURISDICTION. SC. Gen. may waive immunities and privileges of other key-officials of the UN . SECRETARIAT . only eldest considered elected Election of judges should assure reperesentation of main forms of civilization and principal legal systems of the world. Quorum: 9 when full Court is sitting.may be given by the Court upon request of the GA. It shall remain permanently in session at the Hague or elsewhere EXCEPT during judicial vacations May meet either EN BANC. ESC and TC c. Entitled to: a. Decide contentious cases. in the unanimous opinion of the members. when AUTHORIZED by the GA. FUNCTIONS: .Term fixed at 5 Years by resolution of the GA. with duty to: a. may be re-elected. Possess qualifications required in respective countries for appointment to their highest judicial offices or 3. Advisory Opinions. Juriconsults of recognized competence in int’l law No 2 members of the court may be nationals o the same state. Gen. Full diplomatic immunities and privileges which only the SC may waived. Gen. he has ceased to fulfill the required conditions. Render advisory opinions.only States. authorized to act in its behalf. .Chief Administrative Organ of the UN headed by the Secretary-General .Non-member may become a party on conditions determined by the GA upon recommendation of the SC COMPOSITION: 15 members. Performs other functions as may be assigned to him by the above organs - TERM: 9 years. or in CHAMBERS composed of 3 or more judges All questions are decided by a MAJORITY of the judges PRESENT.Sec. may be re-elected No judge can be removed UNLESS. SC. High moral character 2.based on the consent of the parties as manifested under the OPTIONAL JURISDICTION CLAUSE (Comprises all cases which they refer to it and all matters especially provided for in the Charter. Act as secretary in all meetings of the GA.Sec. ( May be personally mediated by him upon authority of the SC) b. Chosen by the GA upon recommendation of the SC . if more than 1 national of same state obtain majorities.Sec. highest representative of the UN. . Bring to SC attention matters which in his opinion threaten int’l peace and security. elected by absolute majority vote of GA and SC QUALIFICATIONS 1. on LEGAL QUESTIONS arising within the scope of their activities. other organs of the UN. Court shall elect a PRESIDENT and VICE-PRESIDENT who shall serve for 3 years and may be re-elected. treaties or conventions in force. Gen.Sec.

Government overthrown not replaced 4. Revolution 2. Assertion of Independence 5. 2.Sovereignty does not change but merely the person or persons in whom it resides EXTINCTION OF A STATE Examples: 1. residing in the proper successors of the sovereign for the time being.- d. or when an independent state becomes a protectorate or CHAPTER 5 STATE.when a portion of the territory of a state secedes or is ceded to another. Provides technical facilities to diff. and members of his staff are int’l officers solely responsible to the Organization.when a state annexed to another state or is totally dismembered or merges with another state. Population emigrate en masse 3.Takes place when one state assumes the rights and obligations of another because of certain changes in the condition of the latter 2 TYPES 1. - From moment of creation. the state continues to be the same corporate person. Prepares the budget of the UN for submission to the GA e. Government 4. state continuous as a justice being notwithstanding changes in circumstances. State merged with another SUCCESSION OF STATES . Gen. . UNIVERSAL. PRINCIPAL SUBJECT OF INTERNATIONAL LAW 4 ELEMENTS 1. Unification 3. Agreement 6. whatever changes may take place in its international operation and government.The reigning sovereign represents the national sovereignty and the sovereignty is continuous and perpetual. prohibited from seeking or receiving instruction from any government or any other external authority. FENWICK: Once its identity as an international person has been fixed and its position in the international community established. organs f. Attainment of Civilization PRINCIPLE OF STATE CONTINUITY . Secession 4. PRINCIPLE OF STATE CONTINUITY (SAPPHIRE CASE) . Territory 3. Sovereignty MANNER OF CREATION 1. Population wiped out by epidemic 2.Basic unit of the international community. PARTIAL. Coordinates vast administrative machinery Sec. People 2.

GOVERNMENT. Successor may choose which state.naturalization en masse. of them.One government replaces another either peacefully or by violent methods.Integrity of the state not affected. . ESTABLISHED THRU VIOLENCE . 2.May be demanded as a matter of right upon showing 4 essential elements of a state. Ex. 2.Recognition may be executed by individual states or a no. 3.Recognition is merely declaratory and only affirms pre-existing fact that the entity being recognized already possesses the status of an international person. it is the last indispensable element that converts or constitutes the entity being recognized into an international person. . . .May lawfully reject purely personal or political obligations but not those contracted in the ordinary course of official business. . President Basis: treaty making power of the president OBJECTS OF RECOGNITION 1. .Admission in family of nations dependent upon acknowledgment of its status by those already within the fold and willingness to enter into relations with it as a subject of international law.does not produce the same effects as the recognition of states and governments because the rebels are accorded international personality only in connection with the hostilities they are waging. 3. EXCEPTION: non-political laws deemed continued unless changed. Political laws of former sovereign automatically abrogated and may be resorted only by a positive act on the part of the new sovereign.recognition is constitutive. .Duly ratified in a plebiscite. MINORITY VIEW. extradition in nature EXCEPTION: Dealing with local rights and duties. Treaties of political. lawful representative changed .generally held to be irrevocable and imports the recognition of its government. 4. 2 VIEWS ADMISSION 1.Rights of predecessor government are inherited in toto by the successor government. CHAPTER 6 . 2.suzerainty. STATE. CONSEQUENCES OF STATE SUCCESSION 1. commercial.may be withdrawn and does not necessarily signify the existence of a state as the government may be that of a mere colony. All rights of predecessor state inherited by the successor state but not all liabilities. Allegiance of inhabitants transferred. dependent state acquires full sovereignty. MAJORITY THEORY. Phil. BELLIGERENCY.Regarded as mandatory and legal.Obligations= distinction made according to manner of establishment of the new government ESTABLISHED THRU CONSTI REFORM .State continuous. obligations of replaced government are completely assumed. SUCCESSION OF GOVERNMENTS .

Belligerent community.Recognition of the new government of a state which has been already recognized is the free act by which one or several states acknowledge that a person or a group of persons is capable of binding the state which they claim to represent and witness their intention to enter into relations with them. On occasion of an official call or conference 2. EXPRESSa. To accept the new government as having authority to represent the state it purports to govern and to maintain diplomatic relations with it or 3.No indication of kind of recognition being extended PRESUMED: DE JURE 2.A free act by which one or more states acknowledge the existence on a definite territory of a human society politically organized. independent of any existing state. RECOGNITION OF GOVERNMENTS .Acknowledging its flag or otherwise entering into a formal relations with it . of states not previously recognized each other.When the recognizing state enters into an official intercourse with the new member by exchanging diplomatic representatives with it. b. RECOGNITION OF STATES .KINDS OF RECOGNITION 1. by which they manifest therefore their intention to consider it a member of the international community. De Jure . an announcement d. 2 Types Government 1. a letter or telegram f.If does not sufficiently comply may be considered as de facto temporarily.Satisfies requirements of objective and subjective test .deemed to recognize each other only within said body. To treat with the new state as such or 2. . De Facto a. May be extended thru a formal proclamation c. To recognize in the case of insurgents that they are entitled to exercise belligerent rights Effect of common membership in I. concluding with it a bipartite treaty dealing comprehensively with their relations in general . . and capable of observing obligations of international law. the government which is also displaced. That which is established in the course of war by the invading forces of one belligerent in the territory of the other belligerent.O. IMPLIED . Verbal or in writing b. a stipulation in a treaty e.recognition is implied when the legitimate government blockades a port held by the former or when other states observe neutrality in conflict ACT CONSTITUTING RECOGNITION must give a clear indication of an intention: 1. That which is established by the inhabitants who rise in revolt against and depose the legitimate regime.

either precipitately or a posteriori. preventing the recognizing .Mere breach of diplomatic relations does not withdraw the right to sue DOCTRINE OF STATE IMMUNITY .Relatively permanent . Government must be able to maintain order within the state 2. That which is established by the inhabitants of a state who secede therefrom without overthrowing its government. 2. DE JURE . Current Practice: extend recognition to a new government only if shown that it has control of the administrative machinery of the state with popular acquiescence and willing to comply with its international obligations OBJECTIVE TEST 1. The recognized state or government has a right to the possession of the properties of its predecessor in the territory of the recognizing state. agreement which may be brought about by means contrary to the Covenant of the LON ESTRADA DOCTRINE . 3.Incumbent upon the members of the LON not to recognize any situation.Government declared that it would.c.Against governments established as a result of external aggression. The recognized state or government acquires the right to sue in the courts of the recognizing state. TOBAR or WILSON PRINCIPLE . 4.may be employed for the purpose of justifying the withholding of recognition from a government that is politically unacceptable. maintain or replace their governments or authorities. treaty. as it saw fit.Recognition shall not be extended to any government established by revolution. coup.Full diplomatic relations DE FACTO . To repel external aggression SUBJECTIVE TEST. regarding the right of foreign nations to accept.No title to government properties abroad .A foreign sovereign in the municipal courts of another state would be an insult which is entitled to resent and would certainly vex the peace of nations.Vests title in the government to its properties abroad . . Full diplomatic relations are established except where the government recognized is de facto. continue or terminate its relations with any country in which a political upheaval had taken place and in so doing does not pronounce judgment.Limited juridical relations EFFECTS OF RECOGNITION OF STATES AND GOVERNMENTS 1. or other forms of internal violence until the freely elected representatives of the people have organized a constitutional government. civil war.Provisional . All acts of the recognized state or government are validated retroactively. . STIMSON PRINCIPLE .

provided that such arrangements or agencies and their activities are consistent with the purpose of the UN.Right may be resorted only upon clear showing of grave and actual danger to the security of the state . The rebels must occupy a substantial portion of the territory state 3.Under a civil government .Usually not recognized 3.Merely an internal affair of the state and does not produce much international repercussion .Limited by necessity and kept clearly within it. Right of equality 4. effective only as to third states extending recognition. making the outcome uncertain 4.most comprehensive because all rights are supposed to flow or derived from it . CHAPTER 7 FUNDAMENTAL RIGHTS OF THE STATE 1. Right of legation or diplomatic intercourse Right if existence and self defense. 1 . Entitled to full war status as regards all other states 5.State may take measures as may be necessary to resist any danger to its existence. Considered a separate state for purposes of the conflict.Exists when inhabitants of a state rise up in arms for the purpose of overthrowing the legitimate government. Right of Existence & self defense 2. RECOGNITION OF BELLIGERENCY . Relations with other states governed by laws of neutrality 4.Initial stage of belligerency . 2. REGIONAL ARRANGEMENTS Art.Rules for recognition of belligerency INSURGENCY .state from passing upon their legality in its own courts. The conflict between the legitimate government and the rebels must be serious. When extended.Directed by military authorities . OVERWHELMING AND LEAVING NO CHOICE OF MEANS AND NO MOMENT OF DELIBERATION . Relations governed by laws of war . Right of property and jurisdiction 5. 52.Nothing in the present Charter precludes the existence of regional arrangement or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action . Sec. BELLIGERENT . There must be an organized civil government directing the rebel forces 2. Sovereignty and independence 3. The rebels must be willing and able to observe the laws of war CONSEQUENCES OF RECOGNITION 1. RECOGNITION EXTENDED UPON FOLLOWING CONDITIONS: 1.A NECESSITY OF SELF DEFENSE INSTANT. REQUISITE .

however temporary resulting from such invasion or attack or any annexation by the use of force b. Invasion or attack by the armed forces of a State of the territory of another. 2 ASPECTS 1.the first use of armed forces by a State in contravention of the Charter shall constitute prima facie evidence of an act of aggression although the SC may. it is the power of the state to command and enforce obedience. all interests are practically subject and all wills subordinate. SC may determine other acts which constituite aggression Art. sea or air forces. No consideration of whatever nature may serve as justification for aggression 2. 4. including the fact that the acts concerned o their consequences are not of sufficient gravity. Bombardment by the armed forces of a state against another c. Art. Action of a state in allowing its territory to be used by another for perpetrating an act of aggression g. 3. A war of aggression is a crime against international peace 3. conclude that a determination that an act of aggression has been committed would not be justified in the light of other relevant circumstances.EX. . INTERNAL. or any military occupation. The blockade of ports or coasts d.Acts qualified as aggression a. in contravention with the conditions provided for in the agreement or any extension of their presence beyond the termination of the agreements f. CHAPTER 8 SOVEREIGNTY.acts not exclusive. An attack by the armed forces on land. 1. AGGRESSION Art. The sending by or on behalf of a state of armed force against another of such gravity as to amount to the acts listed above… Art. 2. or in any other manner inconsistent with the Charter of the United Nations… Art.is the supreme. in conformity with the charter. the power to which. NATO BALANCE OF POWER An arrangement of affairs so that no state shall be in a position to have absolute mastery and dominion over others.is the use of armed force by a state against the sovereignty. No territorial acquisition or special advantage resulting from aggression is or shall be recognized as lawful. territorial integrity or political independence of another state. 51. The use of armed forces of one state which are within the territory of another state with the agreement of the receiving state. or marine and air fleets of another e.refers to the power of the state to direct its domestic affairs. uncontrollable power inherent in a state by which that state is governed.

The right of independence carries with it the correlative duty of non-intervetion. Ex. prevented agreement on compromise. By a state beset by rebellion. UN Declaration of Rights 1. Principle of Mare Liberum. EXCEPTION: when exercised as an act of self-defense or when decreed by the SC as a preventive or enforcement action for the maintenance of international peace and security. or having agreed thereto. It only means 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.will prevent from arrogating to itself the exclusive use of open seas to the detriment of other states. received international recognition. IDEAL OF INDEPENDENCE . INTERVENTION . albeit only lately. EXTERNAL. Every State has the duty to refrain from intervention in the internal/external affairs of the State. Like liberty the individual must submit to limitations imposed for the welfare of the community. When requested by sister states. 2. 4. 2. DEFINITION: an act by which a state interferes with the domestic or foreign affairs of another state through employment of force or threat of force. No State or group of States has the right to intervene directly or indirectly. or having agreed thereto.Intervention is permitted if the debtor state refused an offer to arbitrate the creditor’s claim. NATURE FENWICK: Independence cannot be regarded as importing absolute freedom.A State must abstain from intervention.2. No state may use or encourage the use of coercive measures of an economic or political character in order to force the sovereign will of another state and obtain advantages of any kind. for any reason whatever.signifies the freedom of the state to control its own foreign affairs. . DRAGO DOCTRINE 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 PORTER RESOLUTION . refused to abide by the award of the arbitrator . 3. Action is agreed upon by Treaty. 3.Right to independence is a NATURAL ASPIRATION of peoples that has. From the United Nations by the parties to a dispute.Force of the Drago doctrine dissipated . ALLOWED only in the following Instances: 1. more often referred to as independence. in internal/external affairs of any other State.

or question the validity of its acts in so far as they are made to take effect within its own territory. no matter how weak.CHAPTER 9 PRINCIPLE OF EQUALITY. must be observed and respected by the international community in the same manner that the rights of other states are observed and respected PAR IN PAREM NON HABET IMPERIUM .Even the strongest state cannot assume jurisdiction over another state. .all rights of a state. regardless of their number.

Requisites: 1. SUBJUGATION.must be claimed on behalf of the State by the discoverer and may be effected thru a III. Asserted in accordance with the generally accepted principles of international law and with due regard with the territorial integrity of other States. CESSION. cannot at the present time suffice to prove sovereignty over the island…” “An inchoate title could not prevail over the continuous display of authority by another state for such display may prevail even over a prior definitive title put forward by another state. it is formally annexed to it at the end of that war.the fixed portion of the surface of the earth inhabited by the people of the state. donation.- CHAPTER 10 TERRITORY. testamentary disposition. DISCOVERY AND OCCUPATION. exchange. is placed under the sovereignty of the discovering state. inchoate title only pending compliance with the 2nd requisite. II. Possession.having previously conquered or occupied in the cause of war by the enemy. as by gradual and imperceptible deposit IV. one of the fundamental attributes of the State.mode of acquiring territory based on the principle of accessio cedat principaliaccomplished thru both natural or artificial processes. Must be big enough to provide for needs of the population. . ADMINISTRATION Island of Palmas Case “Discovery alone without any subsequent act. . INCHOATE TITLE. small enough to administer and defend from external aggression. barter. must be permanent and indicated with precision because its limits define jurisdiction of the State.performs the function of barring other States from entering the territory until the lapse of a reasonable period with which the discovering State may establish a settlement thereon and commence to administer it. or terra nullius. Right to acquire territory. formal proclamation and symbolic act of raising the national flag in the territory.a method by which territory is transferred from one state to another by agreement between them. ACQUISITION AND LOSS I. effected by sale. ACCRETION.need not be uninhabited provided it can be established that the natives are not sufficiently civilized and can be considered possessing only rights of habitation. 2. Transfer effected upon the meeting of the minds.an original mode of acquisition by which the territory not belonging to any State.

of soil on the coasts of a country thru the action of water. BOUNDARY. BAYS. III. If deviation is violent and abrupt (avulsion) boundary line will continue to be laid on the od bed of the river. BY NATURAL CAUSES COMPONENTS OF TERRITORY A. Rhine d. by reclamation projects. PRESCRIPTION. NATIONAL.indentation not a bay unless area is as large or larger than a semi-circle whose diameter is a line drawn across the mouth of that indentation. or more effectively.May be mid-ocean archipelagoes or coastal archipelagaoes B.when a state exercising sovereignty over it physically withdraws from it with intention of abandoning altogether. TERRESTRIAL DOMAIN . Congo c. REQUISITES: a. on the center of its main channel. DERELICTION. gulfs. continued and adverse possession to vest acquisitive title in the claimant.If distance between low water marks of the natural entrance points does not exceed 24 miles. .INCLUDES: 1.Situated completely in the territory of one state ex. MARITIME OR FLUVIAL DOMAIN . Pasig River b.Rule does not apply to historic bays. St.divides territory of riparian states ex. . . internal waters 2. RIVERS a. intention to abandon II. a closing line may be drawn and waters enclosed thereby considered internal waters. 1.well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast. in the absence of contrary agreement. partly bounded by water or one whole island.refers to the land mass which may be integrate. INTERNATIONAL. boundary line is laid on the river. - 2. . BY REVOLUTION V. straits 4. .navigable from the open sea and is open to the use of vessels from all states ex. LOSS I.consists of bodies of water within the land mass and waters adjacent to the coast of the state up to a specified limit. BY EROSION IV. . MULTINATIONAL.flows thru the territory of several states ex. rivers and man-made canals 3. if it changes its course by a gradual and normal process (accretion/erosion) dividing line follows the new course. act of withdrawal b. dismembered.absence of specific agreement between such states.requires long. external waters in the territorial sea. bays. Lawrence River THALWEG DOCTRINE.

AERIAL DOMAIN .convention on fishing & living resources of the high seas. over which the state claims sovereignty and jurisdiction.convention on the continental shelf 2. STRAIGHT LINE BASE METHOD.airspace above the terrestrial domain and the maritime and fluvial domain of the state. . I Consti) .territorial sea is drawn from the low-water mark of the coast. including parts of islands. PHILIPPINE TERRITORIAL SEA .economic zone/patrimonial sea extending 200 miles from low water mark of the state. . ARCHIPELAGO. RA 3046 ammended by RA 5446 METHODS OF DEFINING TERRITORIAL SEA A. 1 Sec.Basis of art.based on TREATY LIMITS THEORY .uniform breadth of 12 miles for territorial sea. .belt of waters adjacent to the coast of the state excluding the internal waters in bays and gulfs. ARCHIPELAGO DOCTRINE (Art. I Consti. I Sec. The concurrent existence of a region in space which is not subject to the same regime raises such questions as where airspace ends and where outer space begins. TERRITORIAL SEA. following its sinuosities and curvatures but excluding the internal waters in bays and gulfs. interconnecting waters and other natural features which are so closely interrelated that such islands. UN CONFERENCE ON THE LAW OF THE SEA 1. B. to an unlimited altitude but not including outer space. Convention on the law of the sea (1970). “Under terms of existing international conventions and customary international law. Convention on the territorial sea (1958) and the contiguous zone. . It was noted that these limits do not necessarily coincide. states have complete and exclusive sovereignty in the airspace above their territories and territorial waters.3. CHAPTER 11 .convention on the high seas.straight lines are made to connect appropriate points on the coast without departing radically from its general direction.territorial sea of the Philippines should embrace all the non-internal waters comprised within the limits set forth by treaty of Paris. NORMAL BASELINE METHOD.group of islands. economic and political entity or which historically have been regulated as such. . to the breadth claimed.all islands within the Philippines should be considered one integrated whole instead of being fragmented into several units each with its own territorial sea. Question of breadth of territorial sea (1960) 3. waters and other natural features form an intrinsic geographical. contiguous zone of 12 miles from outer limits of the territorial sea.

16 Civil Code an alien may be held subject to the laws of a state whose national interest he has violated.Doctrine of Indelible Allegiance. by agreement. Foreign Armies passing through or stationed in its territories with its permission. good order or security of the coastal state. Foreign states.an individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of the second state whose nationality he has acquired. over which it may. c. . subject to certain exceptions. b. Art. Outer space G. TERRITORIAL JURISDICTION General Rule: a state has jurisdiction over all persons and property within its territory. Ex. Its nationals B.navigation through the territorial sea of a state for the purpose of traversing that sea without entering internal waters. or of proceeding to internal waters. Foreign merchant vessels exercising the rights of innocent passage or arrival under stress. d. Innocent Passage.2 RPC) The Schooner Exchange vs.“ the jurisdiction of the nation within it’s own territory is necessary. and to consuls (to have ful freedom in the discharge of their official duties) to a certain degree. Other territories KINDS OF JURISDICTION 1. Such other persons or property including organizations like the United Nations. May be exercised by a state over: A.JURISDICTION. Open seas E.everything found within the terrestrial domain of the state is under its jurisdiction. f. Exceptions: The State cannot exercise jurisdiction even within its own territory over: a. diplomatic representatives. . McFaddon. Land Jurisdiction. . consulates. including embassies. waive jurisdiction.the power exercised by a state over its nationals. Aerial domain F. PERSONAL JURISDICTION. exclusive and absolute”. e.it is based on the theory that a national is entitled to the protection of the state. Acts of states. 2. Continental shelf D. heads of states (doctrine on sovereign equality).every state is bound to respect the independence of other sovereign states. notwithstanding the offense has been committed outside the territory. Foreign state property. 15. as long as it is not prejudicial to the peace. (Art.the authority exercised by a state over persons and things within or sometimes outside the territory. and public vessels engaged In noncommercial activities. The local State has exclusive title to all property within its territory which is subject to the inherent powers of the state. Terrestrial domain C.

refers to: a. Foreign merchant vessels docked in local port or bay. CONTINENTAL SHELF. prevent infringement of its customs. ENGLISH RULE. subject to its jurisdiction.Maritime and Fluvial Jurisdiction. jurisdiction is exercised over them by the coastal state in civil matters.the waters around. ARCHIPELAGO DOCTRINE.the flag state shall have jurisdiction over all offenses committed on board such vessels. fiscal.in a zone of the high seas contiguous to its territorial sea. provided they are not engaged in commerce. the coastal state may exercise the control necessary to: a. FRENCH RULE. criminal and administrative jurisdiction is exercised by the flag state over its public vessels wherever they may be.“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. and. to the seabed and subsoil of similar areas adjacent to he coasts of islands. punish infringement of the above regulations within its territory or territorial sea. - . . civil. CONTIGUOUS ZONE.exclusive economic zone or the patrimonial sea extends 200 nautical miles from the coast or the baselines. to where the depth of the superjacent waters admits of exploration of the natural resources of the said areas. a. (applies in the Philippines) b.the internal waters of a state are assimilated to the land mass and subjected to the same degree of jurisdiction exercised over the terrestrial domain. The Schooner Exchange vs. b.Coastal state allowed to establish on the open seas immediately above the installations a safety zone with radius of 500 meters over which may exercise proper jurisdiction. but criminal jurisdiction is determined according to either English or French rule. .Above rights exclusive: if not exercised no other state may undertake activities or claim without consent of coastal state. immigration or sanitary regulations within its territory or territorial sea.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. form part of the internal waters of the Philippines. or beyond that limit. the seabed and subsoil of submarine areas adjacent to the coast but outside the territorial sea to a depth of 200 meters.Mcfaddon. regardless of their breadth and dimensions. b. PATRIMONIAL SEA. between and connecting the islands of the archipelago. Coastal state has the sovereign right to explore the continental shelf and to exploit its natural resources. except only when they compromise the peace of the port.

Over its vessels Merchant vessels. Freedom to land for non-traffic purposes 3. the vessel of a belligerent state may visit and search any neutral merchant vessel in the open seas and capture it if found or believed to be engaged in activities in favor of another belligerent state. Lotus Case: In the event of a collision or of any other incident of navigation concerning a ship on the high seas.OPEN SEAS.when it is within its territory. contiguous zone of a coastal state B. OTHER TERRITORIES State may extend its jurisdiction beyond its territory and over territory not falling under its sovereignty.State launching an object to outer space shall retain jurisdiction and control over such objects and over any personnel thereof. Freedom to embark traffic destined for or to put down traffic originating from a third state. 4. involving the penal or disciplinary responsibility of the master or of any other person in the service of the ship. This is effected thru the following ways: . 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 the state. . OUTER SPACE.not subject to the jurisdiction of any state. AERIAL JURISDCTION 5 AIR FREEDOMS 1. Freedom to embark traffic destined for the state of the aircraft 5. Pursuit must be begun before offending vessel left the territorial waters. or when such vessels are on the open seas. when jurisdiction is waived or cannot be exercised by the territorial sovereign. Pursuit must be continuous or unabates. REQUISITES: A. its own vessels may pursue the offending vessel into the open sea and upon capture bring it back to its territory for punishment. hostilities may be waged on the open seas. In the exercise of the right of visit and searchUnder laws of neutrality.celestial bodies shall be free for exploration and use by all states without discrimination of any kind. Under the doctrine of hot pursuit. .Astronauts shall be regarded as envoys of mankind. .the open seas or high seas are res communes and available to the use of all the states for purposes of navigation. Over Pirates. 3. 2. on basis of equality. Freedom to fly across foreign territory without landing 2. no penal or disciplinary proceeding may be instituted against such persons except before the judicial or administrative authorities either of the flag state or of the state of which such person is a national. in times of war. Freedom to put down traffic originating in the State of the aircraft 4. A state may exercise jurisdiction on the open seas in the following instances: 1.If an offense is committed by a foreign merchant vessel within the territorial waters of a coastal state.

gov’ts. Through enjoyment of easements or servitudes (e. to exchange or currency restrictions e. On the strength of its relations with other states or territories. archives. condominium or administers a trust territory 3. Through assertion of its personal jurisdiction over its nationals abroad or exercise of its right to punish certain offenses committed outside its territory against its national interest. Through acquisition of extraterritorial rights. foreign secretary or minister.attend state functions b. Envoys Ceremonial. transportation are inviolate c.commissioned to negotiate with particular state or participate in international conference HEAD OF THE STATE . arrival in distress) CHAPTER 12 AGENTS OF DIPLOMATIC INTERCOURSE Diplomatic relations conducted thru the head of state.g. Right to special protection for his physical safety and preservation of his honor b.can make binding declarations on behalf of the state on any matter falling within his authority (i. Exempt from criminal and civil jurisdiction except when he is the plaintiff d. members of the diplomatic service . 2. innocent passage. . As consequence of waiver of jurisdiction by a local state over persons and things within its territory 4. properties.Entitled to immunities and honors: a.embodiment of or at least represents the sovereignty of his State. EXTERRITORIALITY Refers to exemption of persons and property from the local jurisdiction on the basis of international custom Has become discredited because of the rise of nationalism and sovereign equality of states EXTRATERRITORIALITY Applies only to persons and is based on treaty or convention Illustrated by immunities of the heads of states in foreign countries - Head of state may appoint special diplomatic agents charged with specific ceremonial or political duties. Ceremonial amenities unless traveling incognito FOREIGN SECRETARY . when it established a colonial protectorate. settlement of international claims) . a.also the head of the foreign office and has direction of all ambassadors and other diplomatic representatives DIPLOMATIC ENVOYS 5.immediate representative of the head of state and directly under his control . recognition of states. Envoys Political. Not subject to tax.e. Quarters.1.

Heads of Diplomatic Missions 1.means by which he is accredited to the receiving state with the request that full faith and credit be given to his official acts. cultural and scientific relations Diplomatic mission may also perform consular functions in the absence of a consular mission from the sending state. Ambassadors or nuncios accredited to heads of state 2. Promoting friendly relations between the sending and receiving states and developing their economic. 2. Cipher or code book for use in sending secret communications DIPLOMATIC FUNCTIONS 1. in catholic countries.Does not possess any legal powers or attributes Doyen du Corps.considered as having taken up his functions in the receiving state either when: a.the oldest member with the highest rank. notified his arrival and a truecopy of his credentials to the foreign ministry. ministers or internuncios accredited to heads of state. DIPLOMATIC CORPS . Distinction in rank important only in connection with matters of protocol or grant of special honors - Agreation. 2.class to which heads of their missions are to be assigned shall be agreed upon between the states concerned . Ascertaining by lawful means conditions and developments in the receiving state and reporting thereon to the government of sending state 5. Credentials include: 1.body consisting of the different diplomatic representatives who have been accredited to the same local or receiving state.Entrusted members of the foreign service who are accredited by the sending state as its permanent envoys. 3. the Papal Nuncio APPOINTMENT OF ENVOYS . also informally. Receiving state must manifest its agreement of consent.sending state must make certain that the agreement of the receiving state has been given for the person it proposes to accredit as head of the mission to that state . Negotiating with the government of the receiving state 4. letter of credence. presented his credentials b. Official instructions 4. Diplomatic passport 3.means by which informal inquiries are addressed to the receiving state regarding a proposed diplomatic representative of the sending state. COMMENCEMENT OF DIPLOMATIC MISSION Head of Mission. Charges d’affaires accredited to ministers for foreign affairs diplomatic matters are now usually discussed with foreign secretaries regardless of the diplomat’s rank. Protecting in the receiving state the interests of the sending state and its nationals 3. Envoys. .appointment not a matter of municipal law .

RECALL. diplomatic agents exempt from personal services from all public services. the receiving state may resort to the more drastic method of dismissal. or even without making a request for recall. CHAPTER 13 CONSULS. enjoy only exemption from dues and taxes on their income from the mission. military obligations. if not nationals of the receiving state. the administrative and technical staff and the service staff. tact. inviolability of diplomatic premises d.CONDUCT OF DIPLOMATIC MISSION .may be demanded by the receiving state when the foreign diplomat becomes persona non grata to it for any reason. Under international law: 1.Immunities and privileges are available in situ and in transit TERMINATION OF DIPLOMATIC MISSION Mission may come to an end through any of the usual methods of terminating official relations governed by municipal law.if demand is rejected by the receiving state.Immunities commence from the moment he enters the territory of the receiving state until his functions as such has come to an end. exemption from testimonial duties g. (offending diplomat is simply asked to leave the country). other privileges. right to use the flag and emblem of the sending state on the premises of the mission. immunity from jurisdiction c. exemption from taxation h.Avoid interference with its internal affairs DIPLOMATIC IMMUNITIES AND PRIVILEGES Reason: necessary to give the envoy the fullest freedom or latitude in the exercise of his official functions. inviolability of archives e. THE DIPLOMATIC SUITE OR RETINUE .Must exercise utmost discretion.do not ordinarily enjoy all the traditional diplomatic immunities and privileges . preserving the goodwill of the sending state. DURATION . . Diplomatic Retinue. DISMISSAL.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 but not in the same degree. (ex. Making derogatory statements against the receiving state) 2.State agents residing abroad for various purposes but mainly in the interest of commerce and navigation . inviolability of communication f. .consists of diplomatic staff. a.members of mission freedom of movement and travel. personal inviolability b. Administrative and technical staff enjoys the same rights as the diplomatic staff except immunity from civil and administrative jurisdiction shall not extend to unofficial acts Private Servants.

visiting and inspecting vessels of their own states 3. vice-consul 4. usually but not necessarily in writing. Exequatur. Navigation. Commerce.KINDS AND GRADES CONSULES MISSI Professionals 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 - heads of consular posts are classified according to importance: 1.authority given to them by the receiving state to exercise their duties therein FUNCTIONS 1.a formal agreement. to observe commercial trends and developments 2.commission issued by the sending state 2. for the purpose of regulating their mutual relations under the law of the nations In the generic sense: conventions. consul-general 2. . Civil suits may be filed in their personal or private capacity Legal processes and arrests may be served in premises where consular work are not performed Communication may be curtailed or restricted if exercised to the prejudice of the receiving state APPOINTMENT Authority derived from 2 principal sources: 1. Make it possible for the parties to modify rules of international customary law by means of optional principles or standards .Consul’s office may end in accordance with usual modes of terminating official relations under municipal law. which is entered into by states or entities possessing the treaty-making capacity. acts.promote commercial interests of the sending state. declarations.Exequatur may also be withdrawn by the receiving state CHAPTER 14 TREATY. Duties respecting the issuance of passports and visas 4. covenants. To settle finally actual and potential conflicts 2. Duties of protection of nationals IMMUNITIES AND PRIVILEGES TERMINATION OF CONSULAR MISSION . letter patent or letter de provision. consul 3. concordats etc… FUNCTIONS 1. consular agent Consuls not being diplomatic officials do not enjoy the traditional diplomatic immunities and privileges Exempt from criminal proceedings regarding the discharge of their official functions but not with regard to other offenses.

One of the parties presents a draft of the proposed treaty together with counter proposals which become the basis of the negotiation 2. 3. . Frequently provide the humus for the growth of international customary law ESSENTIAL REQUISITES 1. CHANGE OF INSTRUMENTS OF RATIFICATIONusually signifies the effectivity of the treaty unless different date has been agreed upon by the parties. Without the attendance of duress.must have full capacity unless limited by reason of their status or previous self-imposed inhibitions.representatives provided with credentials known as full powers which they exhibit to other negotiators at the start of the formal discussions. NEGOTIATION. 3. but refusal to ratify must be based on substantial grounds. 4. They may lead to a transformation of unorganized international society into one which may be organized on any chosen level of social integration 4.formal act of the state by which it confirms and accepts the provisions of the treaty concluded by its representatives. President cannot ratify a treaty without concurrence of 2/3 of all members of the Senate. however the state may be responsible for an injury resulting to another state for reasonable reliance by the latter upon reservation that such organ or authority was a competent to conclude the treaty.3. 2. or other vice of consent 4. Primarily intended for authenticating the instrument and symbolizing good faith of the parties. mistake. In accordance with their respective constitutional processes. fraud. RATIFICATION. Through their authorized representatives-it is for municipal law to determine which organ of the state shall be empowered to enter into treaties . Entered into by parties with the treaty-making capacity. SIGNATURE. . The same must be accepted by the other party if these would constitute a modification of the original agreement. Reservations.governed by international law except with respect to method of ratification. An ungratified treaty cannot be the source of obligations between the parties. On any lawful subject-matter 5. it is opened for signature. TREATY MAKING PROCESS 1. the ratification is qualified or made conditional.a state is not bound by a treaty made in its behalf by an organ or authority not competent under the law to conclude the treaty.there is no legal obligation to ratify a treaty.to avoid total rejection of a treaty. Philippines: Power to ratify vested in the president. senate only to give or withhold consent to the ratification.when negotiators finally decide on the terms of the treaty.

which although they may not have participated in the negotiation of the agreement. 6. through express mutual consent.to give effect to the intention of the parties. when allowed. Doctrine of Rebus sic stantibus.performance in good faith of treaty obligations. By outbreak of war between the parties 10.BINDING EFFECT OF TREATIES GEN. Constitutes an attempt to formulate a legal principle which would justify non-performance of a treaty obligation if the conditions with relation to which parties contracted have changed so materially and so unexpectedly as to create a situation in which the exaction of performance would be unreasonable. By vital change of circumstances under the doctrine of rebus sic stantibus 9. . Impossibility of performance 4. violation of its provisions by one of the parties or incompatibility with international law or UN Charter. By novation 7.By voidance of the treaty because of the defects in its conclusion. Most-favored –nation clause. By extinction of one of the parties if the treaty is bipartite 8. desuetude. treaty may be merely a formal expression of customary international law which as such is enforceable on all civilized states because of their membership to the family of nations. 2. or exercise of the right of denunciation(withdrawal). the vital change must have been unforeseen or unforeseeable 3. applies only to treaties of indefinite duration 2. ACCESSION.including not only the original signatories but also other states. OBSERVANCE OF TREATIES Pacta Sunt Servanda. Desistance of the parties. Loss of subject-matter 5.a contracting state entitled to the most-favored-nation treatment from the other may claim the benefits extended by the latter to another state in a separate agreement. cannot operate retroactively upon provisions of the treaty already executed prior to the change of circumstances INTERPRETATION OF TREATY . should not have been caused by the party invoking the doctrine 4. have been allowed by is terms to sign it later. Limitations: 1. RULE: Treaty is binding only on contracting parties. Expiration of the term. TERMINATION OF TREATIES 1. which may be fixed or subject to a resolutory condition 2. Accomplishment of the purpose 3.exception to pacta sunt servanda. 3. EXCEPTION: 1. doctrine must be invoked within a reasonable tine 5.

ACQUISITION 1. by special act of the legislature 3. by collective change of nationality 4. State to determine under its law who are its nationals. the nationality of another state. REQUEST FOR RELEASE (preceded by acquisition of new nationality) INVOLUNTARY METHODS 1.MULTIPLE NATIONALITY. DERIVATIVE 1. on the wife of the naturalized husband 2. FORFEITURE (result of disqualification or prohibited act like enlistment in foreign army or long continued residence in a foreign state) 2. Person having 2 or more nationalities may be regarded as a national of each State. Ex. on the minor children of the naturalized parent 3.Nationality of his parents NATURALIZATION. under general naturalization laws 2.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. LOSS OF NATIONALITY. on the alien woman upon marriage to a national.process by which a foreigner acquires.Nationality of the state where he is born.more than one nationality.S. Child born to Filipino parents (jus sanguinis) born in the U. may be DIRECT or DERIVATIVE. in some cases by adoption of orphan minors as nationals of the state where they are born. Any question as to whether a person possesses the nationality of a particular state shall be determined in accordance with the law of the state. individual proceedings. Law shall be recognized by other states.may be lost voluntarily or involuntarilty VOLUNTARY METHODS 1. DIRECT. . RENUNCIATION (Express or Implied) 2. usually judicial. voluntarily or by operation of law. acquired by naturalization JUS SOLI. b. SUBSTITUTION CONFLICT OF NATIONALITY RULES under the Hague Convention on the Conflict of Nationality Laws 1. JUS SANGUINIS. acquired by birth 2. 2.membership in a political community with all its concomitant rights and obligations. 3. (jus soli) Doctrine of Indelible Allegiance.effected by: 1. CHAPTER 15 NATIONALITY. a.

6. . the state will be held liable only if by reason of its indifference in preventing or . the state may still be held liable if it does not make reasonable efforts to prevent injury to the alien or having done so unsuccessfully. Other rights granted under the Universal Declaration of HR CHAPTER 16 DOCTRINE OF STATE RESPONSIBILITY. Under Covenant relating to Status of Stateless Persons.A state may be held responsible for: a. Within a 3rd state a person having more than one nationality shall be treated as if he had only one. State may not afford diplomatic protection to one of its nationals against a State whose nationality such person also posseses 5. he is entitled to: a. Exc. b. Third state may recognize exclusively either nationality of the person where he has principally resided or where mostly connected. right to religion b. the laws of a state are intrinsically unjust as when there is a marked disproportion between the degree of an offense and the penalty imposed for it. They authorize summary decision of contentious cases without observance of notice and hearing FAILURE OF PROTECTION OR REDRESS . Gen. education d.: Where the offense is committed by inferior gov’t officials or by private individuals.condition or status of an individual who is born without any nationality or who loses his nationality without retaining or acquiring another. Rule: where the international delinquency was committed by superior gov’t officials or organs. STATELESNESS. . Liability will attach to the state where its treatment of the alien falls below the international standard of justice or where it is remiss in according the protection or redress that is warranted by the circumstances INTERNATIONAL STANDARD OF JUSTICE . treatment no less favorable than that accorded to aliens.4. which causes injury to the national of another state. Person possessing 2 nationalities acquired without any voluntary act on his part may renounce one of them with the authorization of the state he desires to surrender. Responsibility does not immediately attach to the state upon showing of a failure to prevent or redress injury. an international delinquency b. liability will attach immediately. It is not deemed satisfied if a.even if laws conform to the international standard of justice.Any wrong suffered by him thru act or omission of a state would be damnum absque injuria for in theory there is no other state that has been offended and no international delinquency committed. referring to the ordinary norms of official conduct observed in civilized jurisdictions.a standard of the reasonable state. access to courts c. f. directly or indirectly imputable to it c. fails to repair such injury.Does not mean that stateless person without recourse. public relief and assistance e.

EXCLUSION.surrender of a person by one state to another state where he is wanted for prosecution or.applied more frequently to tortious rather than contractual liability. whether he be a national of the requesting state.If injured foreigner has exhausted all local remedies without success. there must be 2 or more parties in the state each seeking to impose the government of their own choice on the other. of the state of refuge or of another state 4.denial of entry to an alien. FUNDAMENTAL PRINCIPLES OF EXTRADITION 1. Political and religious offenders are generally not subject to extradition.murder of the head of state or any member of his family is not to be regarded. Required only if there is a treaty between the state of refuge and the state of origin.Enforcement cannot be claimed by injured foreigner unless he first exhausts all available local remedies for the protection or vindication of his rights. .international claim may be resolved thru negotiation or any other methods of settling disputes. RESORT TO DIPLOMATIC PROTECTION . ATTENTAT CLAUSE. . Any person may be extradited. Principle of Specialty. duty to make reparation will arise a. it can be considered to have connived in effect in its commission EXHAUSTION OF LOCAL REMEDIES .punishing it.removal of an alien out of the country 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 or to where he is being sent. EXCLUSION OF ALIENS DEPORTATION.If responsibility of state is established. 2. CALVO CLAUSE. compensation AVOIDANCE OF STATE RESPONSIBILITY . Extradition is based on the consent of the state of asylum as expressed in a treaty or manifested as an act of goodwill.State must be given opportunity to do justice in its own regular way. restitution b.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. if already convicted. ENFORCEMENT OF CLAIM . as a political offense for purposes of extradition . satisfaction c.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. for punishment. Basis: in pursuance of policy or as a gesture of comity. EXTRADITION. To constitute a political offense. he may then avail himself of the assistance of his state.

jurisdiction is compulsory. Judicial settlement. Political. 9. 2 Kinds of Dispute 1. Request accompanied by necessary papers relative to the identity of the wanted person and the crime alleged to have been committed which he has already been convicted. issues submitted are legal. The act for which the extradition is sought must be punishable in both the requesting and requested states under what is known as the rule of DOUBLE CRIMINALITY PROCEDURE OF EXTRADITION 1. If there is. Negotiation. In the absence of special agreement.third party attempts to bring the disputing parties together in order to enable them to discuss the issues in contention and arrive at an agreement 4. law applied is independent of the will of the parties. by previous agreement binding on the parties to the dispute 8.discussion undertaken by the parties themselves of their respective claims/counterclaims with a view to their just and orderly adjustment 2. request for his extradition is presented through diplomatic channels.services of the third party is solicited by the parties in dispute 6.involves justiciable rights based on law or fact susceptible of adjudication by a judicial or arbitral tribunal 2. 2.investigation of the points in question on the theory that their elucidation will contribute to the solution of the differences between the parties 3. Conciliation. Arbitration.tribunal is a pre-existing and permanent body.if it cannot be decided by legal process on the basis of substantive rules of international law because of the differences of parties which spring from animosities in their mutual attitudes. To its own laws 3.inhibited from discussing dispute at the time under consideration by the SC AMICABLE METHODS 1.jurisdiction is dependent on the consent of the parties SC.5. Good offices. METHODS OF SETTLING ICJ.powers are markedly limited except in case on international peace and security GA.essentially judicial and the award is. Inquiry. Mediation. warrant for surrender will be drawn 4. Resort to regional and international organizations . Upon receipt.solution of a dispute by an impartial third party 7. Legal. state of refuge will conduct a judicial investigation to ascertain if the crime is covered by the extradition treaty and if there is prima faci case against the fugitives accdg.third party actively participates in discussions in order to reconcile their conflicting claims 5. Compromise.an actual disagreement between states regarding the conduct to be taken by one of them for the protection or vindication of the interest of the other. the offense must have been committed within the territory or against the interests of the demanding state 6. If surrender of fugitive is sought. Fugitive delivered to the state of origin CHAPTER 17 International Dispute.

If terms of the settlement are rejected by any of the parties. preventive action.partial interruption of economic relations and of rail. responding after an unsatisfied demand to an act contrary to international law on the part of the offending state. enforcement action. employment and command of forces placed at its disposal. Also responsible for strategic direction of any armed forces at its disposal of the Council.any action taken in 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. Blockade) Military Staff Committee. legal disputes should be referred to the ICJ If above measures still unavailing. in any case where there appears to be threat to the peace etc… the GA shall consider the matter immediately with a view to . If unable to adjust their differences by themselves thru peaceful methods. provided in case of non-members of the UN.action taken thru air. regulation of armaments. sea. and possible disarmament. all disputes affecting international peace and security b. land forces necessary to maintain or restore international peace and security (ex.consists of chiefs of staff of the permanent members of the SC or their representatives supposed to give advise and assist the SC on all questions relating to its military requirements for the maintenance of the international peace and security. SC may recommend proper methods of adjustment taking into consideration a. postal etc… severance of diplomatic relations b. Any party to the dispute.HOSTILE METHODS RETORSION. they should accept in advance obligations of pacific settlement under the charter - - UN Charter provides that SC shall call on the parties in the first instance to settle the dispute by peaceful means. GA 3. SC may recommend such actual term of settlement as it may consider appropriate. although coming under the domestic jurisdiction clause have been submitted to it by the parties for settlement. Severance of diplomatic relations REPRISALS.an act of self-help on the part of the injured state. Any member of the UN 4. sea.If SC fails to exercise its primary responsibility for lack of unanimity. UNITED NATIONS SC shall have jurisdiction to intervene in: a. all disputes which. Ex. amicable measures already adopted b. The act of retaliation is also unfriendly but not illegal and may be in kind or of a different nature than the act that provoked it. Illegal if a previous act contrary to international law had not furnished the reason for them. air. SC 2. Disputes may be brought by? 1. They have the effect of momentarily suspending relations of the 2 states. SC is empowered to take more drastic steps: a. Uniting for Peace Resolution.

irregular forces such as guerrillas provided that a. Enemy public property found in territory of other belligerent at the outbreak of hostilities is. punishment of war criminals Commencement. Treaties of political nature are automatically cancelled except those which are intended to operate during war. EFFECTS OF OUTBREAK OF WAR 1. laws of peace cease to regulate relations of belligerents and are superseded by the laws of war 2. assumption that they contribute to its economic resources c. Individuals are impressed with enemy character: a. COMBATANTS AND NON-COMBATANTS Following are regarded as combatants 1. inhabitants of unoccupied territory who. subject to confiscation. spontaneously take arms to resist the invading troops without having had time to organize. activities test. WAR as SPECIFIC ACTION. they conduct their operations in accordance with the laws and customs of war 3. 4.starts with a declaration of war. on approach of the enemy. they wear a fixed distinctive sign recognizable at a distance c.armed contention between the public forces of states or other belligerent communities. with certain exceptions.may exist even without the use of force. . b.participation in hostilities in favor of other belligerent 5. CHAPTER 18 2 VIEWS: 1. usually accompanied or followed by an appeal to world opinion against the unlawful acts of warfare committed by the other belligerent. LAWS OF WAR Enforced thru: a.if GA not in session may meet in emergency special session within 24 hours of the request therefore either by any 9 members of the SC or by a majority of the UN.making recommendations to the members for collective measures. Levee en masse . domiciliary test. protest lodged by one belligerent. with rejection of an ultimatum or with the commission of an act of force regarded by at least one of the belligerents as an at of war. they are commanded by a person responsible for his subordinates b. Diplomatic and consular relations between belligerents are terminated 3. they carry arms openly d. members of the armed forces except those not actively engaged in hostilities 2. As SPECIFIC STATUS.domiciled aliens in the territory. implying the employment of violence among the parties as a means of enforcing their respective demands upon each other 2. reparation for damages caused by the defeated belligerent c.nationals of other belligerent state b. under the nationality test.

Regarded only as administrator and usufructuary of public buildings. 2. Army in occupation can only take possession of cash. agricultural estates. Poisoning of wells and weapons. .. forests. officers of the crew of a merchant vessel who forcibly resist attack CONDUCT OF HOSTILITIES Basic principles of Warfare 1. does not result in transfer or suspension of the sovereignty of the legitimate government 2. private property cannot be confiscated except tjose susceptible of military use. 8. may promulgate new laws. Principle of Chivalry. NON-HOSTILE INTERCOURSE 1. employ an amount and kind of force to compel the complete submission of the enemy with least possible loss of live. Principle of Humanity. destruction of works of art and property devoted to religious or humanitarian purposes etc…) 3. non-political as well as political provided they do not contravene with principles of international law 4. AIR 3. Flag Truce.belligerents may.agreements to regulate intercourse during war such as postal. permitted to exact from the populace contributions over and above the regular taxes for the needs of the army in occupation or for the administration of the territory 6. permitted t introduce military currency 7. reception of flag truce etc. POSTLIMINIUM.that in which 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.prohibits the use of any measure that is not absolutely necessary for the purposes of the war (ex. real estates. SEA BELLIGERENT OCCUPATION 1. it is required to restore and ensure public order and safety while respecting. Also imports the reinstatement of the authority of the displaced gov’t once control of the enemy is lost over territory affected. political laws automatically abrogated upon the end of the occupation but non-political laws may continue even beyond the occupation unless expressly repealed or modified 5. LAND 2. time and money 2.white flag carried by an individual authorized by one belligerent state to enter into communications with the other. communication. the laws in force in the country 3. subject to the other two principles. Cartels.basis of such rules that require the belligerents to give proper warning before launching bombardment or prohibit the use of perfidy in the conduct of the hostilities KINDS OF WARFARE 1. unless absolutely prevented. Principle of Military Necessity.4. funds and realizable securities which are strictly the property of the state 9.

3.ceasefire with conditions attached 5.permission given by competent authority to individuals to carry on trade even though there is a state of war SUSPENSION OF HOSTILITIES 1. or by defeat of one of the belligerents followed by a dictated treaty of peace or annexation of the conquered country 3.unconditional stoppage of hostilities by an order of an international body 3. Safe-conduct. terminated by defeat of one of the belligerents.pass given to an enemy subject or to an enemy vessel allowing passage between defined points 5. License to trade. Passport. by the conclusion of a negotiated treaty of peace.surrender of military forces. Safeguard. may be terminated by simple cessation of hostilities. Capitulation. 2. Truce.suspension of all hostilities within a certain area or in the entire region of the war agreed upon by the belligerent govts usually for purposes of arranging terms of the peace ARMISTICE SUSPENSION OF ARMS Purpose is political Purpose is military Concluded by the Agreed upon by local commanders-in-chief commanders In writing May be oral 4.temporary cessation of the hostilities by agreement of the local commanders for such purposes as the gathering of the wounded and the burial of the dead 2. Armistice. . places or districts in accordance with the rules of military honor.protection granted by a commanding officer either to enemy persons or property within his command 6.written permission of belligerent government or its authorized agent to the subjects of the enemy state to travel generally in belligerent territory 4. which surrenders either conditionally or unconditionally. Suspension of Arms. Ceasfire. TERMINATION OF WAR 1.

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