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Brief history of Public International Law B. Definition of International Law - body of rules & principles which are recognized as legally binding and governs the relations of states and other entities with one another (as between international organizations, between international organizations and states, between international organizations and states and the people). C. Functions of International Law 1. 2. 3. 4. 5. 6. 7. defines the existence of states provides framework of diplomatic relations governs international agreements sets forth rules for international commerce governs individual human rights regulates protection of the global environment (air, land, sea and global resources) VITAL FUNCTION: eliminates elements of unlawful force in the solution of human conflicts and provides basis for the orderly management of international relations; social progress D. Foundations of International Law 1. Principle 2. Principle 3. Principle 4. Principle of of of of comity reciprocity/mutuality independence equality of states
E. Theories About International Law 1. Natural Law School - there are certain normative principles that are true or “self evident” and which exists independently of their codification or enforcement by human beings. - naturalists maintain that the law of nations is binding upon states because it is a branch of great law of nature, the sum of those principles which ought to control human conduct, being founded on the very nature of man as a rational and social being. 2. Positivist School - the basis of obligation of international law is founded in the CONSENT OF STATES. - This school of thoughts provides that consent of states is given: a. Tacitly – in case of customary international law b. Expressly – in case of conventional law c. Presumed – in case of General Law of Nations 3. Eclectic/Groatian School - occupy middle position between the natural and positivist school - recognizes that international law is in part a product of natural law and at the same time the positive consent of states to be bound by its rules. F. Basis of International Law/Schools or Theories in the Study of International Law
law of state responsibility 11. its binding force depends upon mutuality of interest which could only be maintained by altering from time to time such rules as it might be no longer to the interest of the parties to observe. UN Conventions on the law of the Sea 13. 4. 3. Public International Law vs Private International Law Public International Law (Law of Nations) . Consular law 2. International criminal law 5. Diplomatic law 3. Necessity the fact that nations have common interest constitutes the actual community of states and at the same time imperatively demands a rule of law so that international law may be said to be based upon the very necessity for its existence. Theories as to the Basis of International Law 1. Private International Law (Conflicts of Law) I. International Aviation law 4. 2. Refugee law 4. General Classifications of Public International Law 1. Use of force continuum K. Rules according to higher law 12.The schools of study of international law are the basis of the obligation in international law. Criminal law 5. Branches of International Law 1. Public International Law (Law of Nations) 2. Direct Consent . Economic law 6. G. International humanitarian law 8.regulates the relationship between states and international entities . Mutuality of Interest international law is a subjective law. International human right law 7. Human rights law 2. Environmental law J. Implied Consent a fiction to account for the acceptance of the great body of general principles and specific rules that had come to form the body of customary law. H. International environmental law 6. Two Main Branches of International Law 1.international law is based upon the direct consent of States upon their individual acceptance of its principles and rules. International trade law 10. International space law 9. Humanitarian law 3.
PRINCIPLE: One country gives respect and give effect to the laws of another so far as can be done consistently with its own interest. MUNICIPAL LAW . .sources are customs and treaties . Monism . Customary Conventional General International Law N.penalty may be in the form of imprisonment (in violation of the penal code) or sanctions of damages and administrative sanctions. L. war as an act of self defense (as recognized by the UN).regulates comity of states in giving effect in one to the municipal laws of another relating to private persons. diplomacy. O. ● includes force of public opinion. self help.penalty/sanction is addressed by pressure put upon a state to behave in good faith. one must distinguish if conflicts involve international law and foreign international law in which case international law prevails. ** Municipal law prevails if conflicts involve conflicts between municipal law and international law. Is International Law a True Law? .sources are customs and precedents grown within the state’s jurisdiction and legislation enacted by its law making body. 2. Public International Law vs Municipal Law PUBLIC INTERNATIONAL LAW . . ● no legal duty/obligation of obedience on the part of those whom it is addressed with no courts to interpret and enforce international law. Relation Between International Law & Municipal Law 1.laws are codified .laws not codified except on particular subjects .concerned with questions of rights between nations. .law is not a law above but between sovereign states . Classification of International Law 1. Only strong countries may impose these sanctions to weak countries in reality.law of sovereign over individuals subject to state authority.. ** In International Tribunal the international law will prevail over Municipal law.deals with internal affairs of a state . intervention by third party states.based on popular views it is not a true law because: ● law of nation lacks the equality of positive authority or command.deals with states’ relations . retaliations or severance of economic ties. ** In a municipal tribunal. M. International law is recognized as law of practice ● sanctions for failure to comply though indirect is similar to municipal law. ● no penalty prescribed for disobedience with lack of physical power to enforce obedience. 3. sanctions of international organizations such as the UN and as a last resort – WAR. Private International Law (Conflicts of Law) .
P. . Law of Treaties and other international agreements 2. Structure of Public International law 1. PIL is given standing equal but not superior to national legislative enactments. Rubrics of international delinquencies or torts . “Philippines adopts the generally accepted principles of international law as part of the law of the land.Based on Article 2.the fact that international law has been made part of the law of the land does not mean to imply it is primary over national or municipal law. when in conflict with PIL is given effect in municipal courts.Considers rules of international law as forming part of the law of the land and no further legislative action is needed to make such rules applicable in the domestic sphere.considers international law and internal law of states as wholly separate legal systems. R. Conflicts between Public International Law and Municipal Law . The doctrine observed in treaties DOCTRINE OF INCORPORATION . the reason being that such courts are organs of municipal law and are accordingly bound by it in all circumstances.. In the Philippines. both statutes and treaties may be invalidated if they are in conflict with the Constitution. PRINCIPLES AND DOCTRINES: DOCTRINE OF TRANSFORMATION requires legislative action to make the treaty enforceable in the municipal sphere.” It stresses the automatic adoption of international law but involves restriction that such automatic adoption of international law is only as to generally accepted principles of international law.Municipality law impliedly adopts an international law. Relation between Public International law and Philippine Municipal Law Q.Municipal law. S. RESTRICTED AUTOMATIC DOCTRINE . section 2 of Constitutional provision in the Philippines. Dualism . . HARMONIZATION DOCTRINE -International law is applied only when appropriate.in Doctrine of Incorporation.the doctrine observed in customary international law. the Supreme Court may declare a treaty unconstitutional if it is in conflict with the Constitution. Law on Armed Conflicts 3. 2. the former creating obligations only among sovereign nations and the latter allowing each state to determine the means and form by which it carries our its obligations. ADOPTION DOCTRINE . Municipality law expressly adopts an international law thru an act of legislation. Conflict between a Treaty and a Constitution in states where Constitution is the highest law of the land.views international law and national law as part of single legal system with domestic law derived from the broader framework provided by international law. .
Whether or not Executive Order No. The lest that we could do in the spirit of comity is to allow this representation in said trial. the Role of Public International Law U. Related Cases i. is unconstitutional. He further contends that using as basis the Hague Convention’s Rules and Regulations covering Land Warfare for the war crime committed cannot stand ground as the Philippines was not a signatory of such rules in such convention. In the doctrine of incorporation. military or civilian. which has submitted the vindication of crimes against her government and her people to a tribunal of our nation should be allowed representation in the trial of those very crimes. are to be held accountable. the Military Commission is a special military tribunal and that the rules as to parties and representation are not governed by the rules of court but by the very provisions of this special law. preparing or waging a war of aggression and of the commission of crimes and offenses in violation of laws and customs of war. 68. On the 3rd issue. 1957 Facts: RA 1180 “An Act to Regulate The Retail Business” prohibits foreigners and foreign owned corporations to engage in the retail business/trade in the Philippines. 83 Phil 171 Facts Shinegori Kuroda. Kuroda. a former Lieutenant-General of the Japanese Imperial Army and Commanding General of the Japanese Imperial Forces in the Philippines was charged before the Philippine Military Commission for war crimes. in violation of of the laws and customs of war. 1949) Kuroda v Jalandoni. who have been guilty of planning. Melville S. Hussey and Robert Port is allowed to practice law profession in the philippines. World Politics V. Petitioner assails the Act contending it violates the Treaty of Amity between the Philippines and China and is unconstitutional. is constitutional as it is aligned with Sec 3. 68. he alleges that the United States is not a party of interest in the case and that the two US prosecutors cannot practice law in the Philippines. Issue 1. the Philippines abides by these principles and therefore has a right to try persons that commit such crimes and most especially when it is committed againsts its citizens. Furthermore. These include the principle that all persons. It is only fair and proper that the U. By virtue of Executive Order No. International responsibilities of States T. iii. . The United States is a party of interest because the country and its people have been equally. creating the National War Crimes Office and prescribing rules on the trial of accused war criminals. It abides with it even if it was not a signatory to these conventions by the mere incorporation of such principles in the constitution. in his petition.4. The Interhandel Case (Decision of the International Court of Justice. Ichong v Hernandez. 68. Executive Order No. the Geneva Convention and other international jurisprudence established by United Nations.Article 2 of the Constitution which states that “The Philippines renounces war as an instrument of national policy and adopts the generally accepted principles of international law as part of the law of the nation. ii. Ruling The Supreme Court ruled that Executive Order No. if not more greatly. aggrieved by the crimes with which the petitioner is charged for.Whether or not the US is a party of interest to this case 3.” The generally accepted principles of international law includes those formed during the Hague Convention. May 31.S. As he was the commanding general during such period of war. argues that the Military Commission is not a valid court because the law that created it.Whether or not Atty. 68 is constitutional 2. he was tried for failure to discharge his duties and permitting the brutal atrocities and other high crimes committed by his men against noncombatant civilians and prisoners of the Japanese forces. March 21. the court ruled that the appointment of the two American attorneys is not violative of our national sovereignty.
The court's decision The United Supreme Court. Army Counter Intelligence Corps. 175 U. and the Lola separately left Cuban ports inHavana in order to fish. and consequently referred the matter to the immigration authorities. iv.' The vessels were placed within Cuba's territorial waters at the onset of the Spanish-American War and then taken to Key West. Association of Free Labor Unions (PAFLU) et al. 1949. Two years having elapsed since the aforesaid decision was promulgated. Background of the case In April 1898 two fishing vessels. citing a long held tradition by nations of exempting fishing vessels from prize capture in times of war. he having been arrested on March 18. reversed the District Court's decision.Issue: Whether or not RA 1180 a valid exercise of police power of the State. and no attempts were made to either run the blockade or resist capture. it ordered that he be deported on the first available transportation to Russia. after repeated failures to ship this deportee abroad. After the corresponding investigation. v. 1948 that Mejoff had entered the Philippines illegally in 1944. 1948. inasmuch as the Commissioner of Immigration believes it is for the best interests of the country to keep him under detention while arrangements for his departure are being made. where both vessels were eventually auctioned by the district court. the Government has not found ways and means of removing the petitioner out of the country. it should be said in . and has more or less been observed by a large majority of States ever since. Mejoff was an illegal alien in this country. the Immigration Board of Commissioners declared on April 5. No arms were found on board. 125 US 677 (1900) Paquete Habana. Thereafter. Sampson's blockade of Cuba. an asset that could eventually be used against US interests in the Spanish-American War.. he was arrested as a Japanese spy by U. Held: The court held that RA 1180 is a valid exercise of the police power of the State since such sovereign power of the State could not be bargained through any Treaty or contract especially when the intent of such legislation is to remedy a real and actual danger to the national economy due to the increasing dominance and control of aliens in the retail trade in the country. and were unaware of theUS naval blockade. although. v Secretary of Labor et al. The petitioner was then under custody. The two vessels were eventually captured by US Naval vessels as part of Admiral William T. and ordered the proceeds of the auction as well as any profits made from her cargo to be restored to the claimant. perhaps the quintessential position of those who hold a monist perspective of international law. the Paquete Habana. Upon liberation. which cited lengthy legal precedents established to support the existence of a customary international law that exempted fishing vessels from prize capture eventually found the capture of both vessels as "unlawful and without probable cause". This "tradition". In October 1948. a primary example of customary international law. "The petitioner Boris Mejoff is an alien of Russian descent who was brought to this country from Shanghai as a secret operative by the Japanese forces during the latter's regime in these Islands.. without inspection and admission by the immigration officials at a designated port of entry and. and none are in sight. and the law of nations applicable to such cases. the authorities moved him to Bilibid Prison at Muntinglupa where he has been confined up to the present time. dates back from an order by Henry IV in 1403. February 27. vi. Admiral Sampson justified the seizures by stating that most fishing vessels. Its importance rests on the fact that it integrated Customary international law with American law. the first having been denied in a decision of this Court on July 30. Phil. 677 (1900). therefore. At the time of capture both vessels had no evidence of aiding the enemy. was a landmark United States Supreme Court case that reversed an earlier court decision allowing the capture of fishing vessels under Prize (law). "with damages and costs". But the Deportation Board taking his case up found that having no travel documents. flying under the Spanish banner were manned by excellent seamen. The owners of the vessels however made an appeal to the circuit courts. 1969 Paquete Habana case. S.S. Mejoff v Director of Prisons 90 PHIL 70 (1951) Facts: This is a second petition for habeas corpus by Boris Mejoff. the People's Court ordered his release. who was ordered to execute the blockade 'in pursuance of the laws of the United States. "liable for further service" as naval reserves. The Lola.
is not limited to Philippine citizens but extends to all residents. 1983 starting from Luneta to the gates of the United States embassy. The respondent mayor alleges that holding the rally in front of the US Embassy is a violation of the resolutions during the Vienna Convention on Diplomatic Relations adopted in 1961 and of which the Philippines is a signatory. of which the Philippines is a member. except enemy aliens. etc. that "every one has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the Constitution or by law" (Art. Between the two generally accepted principles of diplomatic relations and human rights. such as race. Ruling: The protection against deprivation of liberty without due process of law. permit may be issued. the former takes higher ground. In the doctrine of incorporation. Reyes v Bagatsing GR no. or other status" (Art. the writ will issue commanding the respondents to release the petitioner from custody upon these terms: that the petitioner shall be placed under the surveillance of the immigration authorities or their agents in such form and manner as may be deemed adequate to insure that he keep peace and be available when the Government is ready to deport him. religion.fairness to the deportation authorities that it was through no fault of theirs that no ship or country would take the petitioner. colour. 65366. Reyes. 8). the right to life and liberty and all other fundamental rights as applied to all human beings were proclaimed. at its plenary meeting on December 10. regardless of nationality. "Universal Declaration Of Human Rights.html . Source: http://pil-rizalyn. It also included a provision that if it be held somewhere else. on the other hand. political or other opinion. II of the Constitution of the Philippines "adopts the generally accepted principles of international law as part of the law of the Nation. Issue: Whether or not Boris Mejoff should be released from prison pending his deportation.L. source: http://rabbit-icecold.com/2008/06/jbl-reyes-vs-bagatsing-gr-no-65366. and except for crimes committed against the laws of the land. This petition was to initially compel the Mayor of the City of Manila to make a decision on the application for a permit but it was discovered that a denial has already been sent through mail. No costs will be charged. Art. in behalf of the Anti-Bases Coalition. property. that "no one shall be subjected to arbitrary arrest. 1948. Sec. Premises considered. October 25. nationality or social origin.blogspot. the Philippines has to comply with such generally accepted principles of international law as part of the law of the land. Issue Whether or not the Anti-Bases Coalition should be allowed to hold a peaceful protest rally in front of the US Embassy Ruling The Supreme Court ruled to allow the rally in front of the US Embassy to protect the exercise of the rights to free speech and peaceful assembly and on the ground that there was no showing of the existence of a clear and present danger of a substantive evil that could justify the denial of the permit. 3. 1983 Facts Retired Justice Jose B. detention or exile" (Art. 9 ). 1). contends that the denial of the permit is a violation of the constitutional right of the freedom of speech and expression." and approved by the General Assembly of the United Nations.blogspot. sex. birth. language." And in a resolution entitled. The petitioner. The objective of the rally was to peacefully protest the removal of all foreign military bases and to present a petition containing such to a representative of the Embassy so it may be delivered to the United States Ambassador. Moreover. These rights are not only assured by our constitution but also provided for in the Universal Declaration of Human Rights. without distinction of any kind.com/ vii. It was there resolved that "all human beings are born free and equal in degree and rights" (Art. that "everyone is entitled to all the rights and freedom set forth in this Declaration. The right of the freedom of expression and peaceful assembly is highly ranked in the scheme of constitutional values. The surveillance shall be reasonable and the question of reasonableness shall be submitted to this Court or to the Court of First Instance of Manila for decision in case of abuse. 2). sought for a permit from the City of Manila to hold a peaceful march and rally on October 26.
Mr. etc.com/2009/12/whitney-v-robertson-124-us-190-1888. for the recovery of the sums of money collected. Collector of the port (D) argued that he treated the goods as dutiable articles under the acts of Congress. international obligations Source http://dcomfortroom. including sugar. Reasoning: Both self-executing treaties and acts of Congress are considered supreme laws of the land.domestic vs. Sources of Public International Law as applied by the International Court of Justice . they control. which depends for its enforcement upon the interest and honor of the governments that are parties to a treaty. ix. so far as a treaty made by the United States with any foreign nation can become the subject of judicial cognizance in the courts of this country. it is subject to such acts as Congress may pass for its enforcement. we care about checks and balances.blogspot. However. The act was challenge on the grounds that it violated numerous treaties of the USgovernment with friendly nations. Merchants (P) argued that the treaty btwn US and San Domingo promised to provide most favored nation treatment to imports from San Domingo. coming from a foreign port to any port within the United States. or repeal.viii. Holding: Affirmed for D. Issue: WON the act is void because of the conflict with the treaty. b/c we are not honoring the treaty with Dominican Republic § Breaching treaty . The most favored nation treatment was from a treaty btwn US and the Hawaiian Islands. this is a problem. Merchants then brought this claim to get back the duties paid. that treaty no longer has any effect ○ But in international realm. -Not necessarily. the one last in date will control. then they may present a complaint to the executive had of the govt.can be taken to ICJ. Whitney v Robertson 124 US 190 (1888) Facts: Merchants were importing sugar from San Domingo.html II. Justice Fields says that when they conflict with each other. the court resorts to the treaty as it would to a statute. When these rights are of such a nature as to be enforced by a court of justice. SOURCES OF PUBLIC INTERNATIONAL LAW A. modification. that the goods should be admitted duty free. WH Robertson.last in time rule • Here the act of congress has trumped an earlier treaty • Dualism again ○ Domestically. Ruling: A treaty is a compact between independent nations. where certain goods. Head Money cases. Issue: Whether a treaty supersedes conflicting acts of Congress. and the merchants were made to pay $21. and both should have effect. were exempt from dutycollection.936 in duties. § Example of dualist . He also says that if the country with which the treaty is made is dissatisfied with the action of theUS legislative dept. "the one last in date will control the other. both are binding. and when they arrived at the custom house in NY." Since the acts of Congress were dated last. The collector at the port refused. Individuals and steamship companies brought suit against the collector of customs at New York. In short. they claimed b/c of the treaty btwn US & San Domingo. Treaties that regulate the mutual rights of citizens and subjects of the contracting nations are in the same category as acts of Congress. Edye v Robertson 112 US 580 (1884) Facts: In 1882 the Congress passed an act providing that a duty of fifty cents should be collected for each and every passenger who was not a citizen of the United States. Notes • Hierarchy . RULE: In the case of a conflict btwn a federal statute and a treaty. a constitution gives a treaty no superiority over an act on congress.
i. ii. . prescriptions.equitable principle of law C.Ex: Res judicata. .recognized by civilized nations . due process. ii. It is for each state to determine under it's own law who are its nationals.ex: Vienna Convention on the Law of Treaty International Customs . The Law on Nationality NATIONALITY . Related Cases i.custom exists when there is a clear and continuous habits of doing certain things develop under the conviction that it is obligatory and right. February 2. Direct Sources International Conventions and Treaties . ex aequo et bono (fair and equity).” General Principles of law . Individual under International Law i. This law shall be recognized by other States in so far as it is consistent with international conventions. the term nationality is used in place of citizenship which is understood in municipal law as being possessed of the full rights and privileges of membership in a political community.between parties of treaties. subsidiary sources D.means what is fair and good . RULES IN DETERMINING A PERSON'S NATIONALITY ARTICLE I. iii.International Court of Justice held that customary rule mist be based on “constant and uniform usage.i. . Equity in International Law Principle of Ex Aequo et Bono . secondary. the stipulations constitute the law between them. estoppel. law of nature.most abundant sources of PIL . giving him a claim to the protection of that state and subjects him to the obligations created by the laws of that state.falls under the general principle of law .the bond that unites a person to a given state which constitutes his membership in the particular state.in International Law. v. international customs. 1979 (88 SCRA 195) III. and the principles of law generally recognized with regards to nationality. Direct sources Indirect. . THE INDIVIDUAL AND INTERNATIONAL LAW A. Secondary Sources (Subsidiary means for determining rules of law) Teaching of most highly qualified publicists of the various nations Judicial Decisions B. Agustin vs Edu. ii. Rules on Multiple Nationalities (1930 Hague Convention on Conflict of Nationality Laws) 1930 HAGUE CONVENTION ON CONFLICT Provides the OF NATIONALITY following LAWS rules: A. Classification of sources of Public International Law iv.
an entity directly possessed with personality with the rights and obligations in the international legal order - v. if the conditions laid down in the law of the State whose nationality he desires to surrender are satisfied. S State may not afford diplomatic protection to one of its nationals against a State whose nationality such person also possesses. ARTICLE IV." DOCTRINE OF NEMO POTEST EXUERE PATRIAM . of the nationalities which any such person possesses. The nationality of the country in which he is habitually and principally resident. A person possessing two nationalities acquired without any voluntary act on his part. This authorization may not be refused in the case of a person who has his habitual and principal residence abroad.Within a Third State. May renounce on of them with the authorization of the State whose nationality he desires to surrender. THE EXEMPTION TO THE GENERAL RULE PROVIDED BY ARTICLE 15 OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS " that no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. or 2. ARTICLE VI. The nationality of the country with which in the circumstances he appears to be in fact most closely connected . a person having multiple nationalities shall be treated as if he had only one. The nationality of the country with which in the circumstances he appears to be in fact most closely connected iv. ex: C. The Third State State shall. recognize exclusively in it's territory either: 1. . Subjects and objects of international law defined Subject of Public International Law . No. iii. Provided however that a Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country. recognize exclusively in it's territory either: 1. Within a Third State. B.A.no one might transfer his allegiance to another state without the consent of the state which had first claim upon him. ARTICLE V. DOCTRINE OF INDELIBLE ALLEGIANCE a State may prohibit its nationals from changing their nationality under certain circumstances. or 2. . 63 (Act providing for the ways in which Philippine Citizenship may be lost or re-acquired) which provides that Filipino citizen may lose his citizenship by subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining 2 years of age or more. The ThirdState State shall. A person having 2 or more nationalities may be regarded as it's national by each of the States nationality he possesses.the basis of the Doctrine of Indelible Allegiance B. Individual as subject of International Law i.doctrine providing that the bond of nationality could never be broken. . RULES ON MULTIPLE NATIONALITIES whose ARTICLE III.DOCTRINE OF EFFECTIVE NATIONALITY. a person having multiple nationalities shall be treated as if he had only one. Any questions as to whether a person possesses the nationality of a particular State shall be determined in accordance with the law of that State. DOCTRINE OF EFFECTIVE NATIONALITY . of the nationalities which any such person possesses. The nationality of the country in which he is habitually and principally resident.ARTICLE II.
regarded as an INTERNATIONAL PERSON .5. .if the act is piracy then it is private in character and ends are not political and no insurgent rights arise.if hostile acts are committed by insurgents against a foreign state the latter may choose to punish them or turn them over to the parent state. . . United Arab Republic . Composite state B.has some power over it's individual state but not over the individual citizens of the member states. each of the member state being represented by its own delegate. 1.formed by two sovereign states linked together by a common government in external affairs and by a common chief of state.ex: a state which may be divided into categories: A.ex: sovereign state as Philippines ( with capacity to sue in the International Court of Justice or may be sued in international tribunal) 2 KINDS OF SUBJECTS IN INTERNATIONAL PUBLIC INTERNATIONAL LAW: PERSONALITY 1. united states of Switzerland) .exists when the central or federal government exercises authority over both the various states in the Union and the citizens thereof. ex: United kingdom of Great Britain and Ireland IMPERFECT.2. Federal States (United States of America. Confederation .4. .not regarded as an INTERNATIONAL PERSON.1. Belligerent & insurgent communities . . -subjected to control & sovereignty of some superior state/s in the conduct of their external & foreign affairs. Single or Simple State (ex. Philippines) B. . B. QUALIFIED Dependent OR QUASI-INTERNATIONAL PERSONALITIES states resulting 2.loose union or alliance formed through a treaty among various states. Incorporate Union . B.Rebels and insurgents are organized group with no rights under the international law but if civil strife threatens to interfere with autonomy of foreign intercourse and tends to jeopardize sovereignty of the state over the insurgent community certain insurgent rights may be tacitly admitted.3.. COMPLETE . The union then possesses a single international personality that merges the separate personalities of the states as a unified whole.merger of two separate states in the sense that both have the same individual as the accidental or temporary head of state. 2.have its own governmental machineries and absorbs all individual states associated together. .currently. The union however has no separate international personality since each of the member states has its own government and its own separate international personality. INCOMPLETE.parent state still liable for acts committed by the insurgent community within the jurisdiction of said parent state even if foreign state admits existence of insurgent rights. there is no personal union in existence B. B. each of which is fully sovereign and independent. Real Union ex.one where the internal and external organs of government of two states are merged into one in a single international personality. Personal Union .
DEPENDENCY is a territory distinct from country in which the supreme sovereign power resides but belonging rightfully to it subject to laws and regulations which the sovereign may think proper to prescribe. they are recently accorded a NEW STATUS IN INTERNATIONAL LAW and regarded as subjects in the international order with their importance laid down by the ff: Charter of the UN and Universal Declaration of Human Rights Nuremberg and Tokyo War Tribunals for war crimes .foreign states ought to refrain from interfering in hostilities between parent state and insurgent community.under UN supervision. Status of individual under international law .they cannot be states but the international legal order grants them international personality in a restricted degree (sign international conventions and become member of United Nations.norms of general international law prohibiting piracy (committed only by private individuals and not by acts of state) espionage rules . International administrative bodies . Hostilities must be a character of war and carried out in accordance with law of war 3. Bellingerent community rights arise when: 1. . dependencies and possession . Recognition of the international personality status of a bellingerent community in the international order is ONLY FOR LIMITED PERIOD OF TIME. 6. 5. .While Private individuals are regarded as objects of PIL.vested with international personality as they are beyond the control and authority of any particular state including the region in which seat of the organization may be situated. TRUST TERRITORIES . The conduct of hostilities and general government of the revolting community must be in the hands of a responsible organization. territories Mandate trust MANDATES .former territorial possessions of states defeated in the First World War and placed under control ofLeague of Nations. 3. Colonies. Object of Public International Law indirectly vested with rights and obligations in the international sphere .private corporations fall under private international law but are also involved in public international law when in time of war their property and other rights are impaired or when maritime law has been infringed. the Administering Authority exercising sovereignty power over them. They are afforded the chance to develop economically and socially by more advanced nations.ex: filipino private citizen ( who while entitled to certain rights which other states ought to respect has no recourse except to course his grievances through the Republic and its diplomatic officers) ii. Public and political corporations or companies . Proportion of revolts must be to render the issue uncertain 4.POSSESSION is 4. held by a title other and than that of mere physical conquest. End must be political in character 2.. .COLONY is a dependent community with a number of citizens but remain subject to mother state.
the law of the State whose act is in question. integrity and self-preservation Basis .special status accorded to refugees prosecute and of maritime claims minorities flag. Group of people (man & woman capable of procreation). imperfect. . iii. 2. Recognition by the Family of Nations C. integrity and self-preservation The rights of sovereignty and independence The right of equality The right of property and jurisdiction The right of legation or of diplomatic intercourse The rights of existence. B. qualified or quasi-international personalities IV. 3. . II. iii. iv.-court practice of permitting foreigners to rules safeguarding rights of alines punishment on illegal use procedures in admiralty and . Definite territory (fixed to settle disputes on jurisdiction. Elements or Attributes of a State I. ACT OF AN INDIVIDUAL BECOMES AN ACT OF STATE when his act may be imputed on the State. Government (machinery or instrument by which power in a state expresses its will and exercises its functions). International Organizations as subjects of International law Non-governmental organizations Multinational corporations Complete international personalities Incomplete. ii. vi.determined on the basis of the national legal order.becomes imputable on a State when performed by an individual who is an organ of the State and competent under the law to represent the State in relation to other States such as the Head of State. According to Minority view The majority school of thoughts and: 5. State defined . Coercive acts can be carried out legally as allowed by the general international law). Independence (freedom from external control in the conduct of one's external and internal affairs).an act or performance not permitted or prescribed by law of the State cannot be imputable on the State. STATES IN THE INTERNATIONAL SYSTEM A. a definite space where acts of state esp. v. According to majority school of thought 1.existence presupposes its right to survive which is predicated not only to physical maintenance of its territorial sufficient degree of civilization . matters NOTE: INDIVIDUALS therefore are TRUE SUBJECTS IF INTERNATIONAL LAW and STATES are only AGENTS through which they act in default of more convenient means of giving effects to their common interests. 4. . The rights of existence. Possession of 6.group of people capable of procreation and sekf defense living in a definite territory (must be a land not sea) possessed of government to which inhabitants render obedience. v. vii. Fundamental Rights of States i. iv.
Modes of losing territories 1. public and adverse whether good or bad faith of some other state’s territory and there must be a lapse of reasonable period of time.mere lease effectuated by the owner in favor of another state cannot transfer ownership. Space Law i. the cession is purposeless and inefficacious. . prescription (acquisitive prescription) . an EXCEPTION is the TREATY OF PEACE for such treaty is precisely entered into as a result of fear.Under the general international law. . 3. . Modes of acquiring territories 1. Subjugation 5. A state making the cession is a mere usurper or intruder with no transferable right. cession . volcanic eruption) 6. Cession 4.Mere physical conquest gives an INCHOATE TITLE. while duress usually vitiates the consent given to a treaty.territory is acquired voluntarily in case of donation or sale or involuntary as in the result of war.Present UN Charter however the use of threat and force is considered illegal. for this title to ripen into ownership subjugation must follow. .may be natural (caused by natural force such as current of river) or artificial (as in act of state in reclaiming part of sea in reclamation projects). 1.CONQUEST is the acquisition of the sovereignty of a country by force of arms exercised by an independent power. . Abandonment (must be physical abandonment of the property with the intent never to return to the same). Air space ii.Discovery should be coupled with occupation.must be continuous. . . Successful revolutions and secessions (mere declaration of independence does not commence a new state – success has to follow) c. An effective occupation is one that would effectively take real possession of the territory and establish some kind of administration. conquest and subjugation .is the process of attaching or incorporating something to what an owner of territory already has. discovery and occupation . 2. 4.perfection of cession commences upon meeting of minds. The right to acquire territories a. avulsion. . 2. Prescription (extinctive prescription) 3. . 5. forces of nature (i. accretion . Outer space LEGAL STATUS OF SPACE: .TREATY OF PEACE is essentially entered into through the use of force and intimidation.SUBJUGATION takes place if the formal cession is made in the TREATY OF PEACE.e. b.integrity but also physical expansion that follows valid acquisition of territories.only stateless territory could be acquired by discovery and occupation. When its existence is in jeopardy it has a right of self preservation.
2. It was Holland which exercised authority over the land.theoretically similar to the rule of “freedom of the seas” where seas can’t be possessed by any particular government and necessarily open to free spatial navigation by all those who may venture into its unknown confines. HoweverSpain did not effectively possess the territory. THE RIGHT TO SELF DEFENSE REQUISITES: (Art. JURISDICTION OVER SPACE ACTIVITIES . As a successor of Spain. 3. 51 of UN Charter) 1. the US asked that the island be awarded to it. Inchoate Title – discoverer must be given full opportunity to effectively possess and in the meantime other states are legally excluded from the occupation of the territory involved.It may be exercised by the country conducting the activity from which the departure was physically made and of citizens conducting the enterprise.the right to self-defense which is an extension of the right to self-preservation hence under the general international law the right continues to exist even if attack is made against a non-UN member state.Control and supervision vested in international bodies (i. Held: The island cannot be given to the US for the inchoate title possessed by Spain never ripened into a real title for its failure to effectively possess and administer the territory within a reasonable period of time.because members of UN have implicit faith in each other’s desire for world peace.space beyond the atmosphere is incapable by its very nature of appropriation on behalf of any particular sovereignty.e. .some members feel the necessity of taking measures to give maximum feeling of security either thru mutual protection or by outright combination of strength. An armed attack Attack must be against a member of the UN Security Council must not have acted yet DOCTRINE OF SELF-HELP . .. 2. . ALLIANCE EXISTS . 3. UN) . Cases Island of Palmas Case Facts: In the 16th Century Spain discovered an island midway between Mindanao and Dutch East Indies.
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