You are on page 1of 22

PUBLIC INTERNATIONAL LAW Concepts a.

Obligation Erga Omnes – it is an obligation of every State “towards the international community as a whole.” All States have a legal interest in its compliance, and thus all States are entitled to invoke responsibility for breach of such an obligation b. Doctrine of Jus Cogens – Customary international law has the state of peremptory norm of international law, accepted and recognized by the international community of the states as a rule from which no derogation is permitted. Accordingly, a treaty whose provisions contravene such norms or rules nay be invalidated. International and National/Municipal Law Difference: 1. International law is adopted by the states as a common rule of action among themselves while municipal law is issued by a political superior for observance by those under its authority. 2. International law is derived not from any particular legislation but from such sources as international customs, international conventions and the general principles of law while municipal law is consists mainly of enactments from the lawmaking authority of each state. 3. International law Applies to the relations inter se of states and other international persons while municipal law regulates the regulations of individuals among themselves or with their own states. 4. Questions of international law are resolved through state-to-state transactions ranging from peaceful methods while violations of municipal law are redressed through local administrative and judicial process. 5. Responsibility for infractions of international law is usually collective in the sense that it attaches directly to the state and not to its nationals while breaches of municipal law generally entail only individual responsibility. Sources a. Primary Source 1. International treaties and conventions 2. International customs 3. General principles of law b. Secondary Source 1. Decisions of courts 2. Teachings of publicists SUBJECTS State 1. It is a group of people, more or less numerous, permanently living in a definite territory, under an independent government organized for political ends and capable of entering into legal relations with other states. Classification of State: 1. Independent State It has the freedom to direct and control foreign relations without restraint from other states. May be: (a) Simple State which is a single central government with power over internal and external affairs; (b) Composite State which means two or more sovereign states joined together to constitute one international which may be:

1) Real Union It is created when two or more states are merged under a central authority through which they act in the direction of their external affairs. 2) Federal Union It is combination of two or more states which, upon merger, cease to be states, resulting in the creation of new state with full international personality to represent them in external relations and a certain degree of power over their domestic affairs and their inhabitants. 3) Confederation It is an organization of states which retain their internal sovereignty and to some extent their external sovereignty, while delegating to the collective body power to represent them as a whole for certain limit and specified purpose, such as common defense. 4) Personal Union It comes into being when two or more states are brought together under the same monarch, who nevertheless does not constitute one international person for the purpose of representing all of them. 5) Incorporate Union It is a union of two or more states under a control authority empowered to direct both their internal and external affairs and possessed of a separate international personality. 2. Dependent State A dependent state is an entity which although theoretically considered a state, does not have full freedom in the directions of its external affairs. May be: (a) Protectorate which is established at the

request of the weaker state for the protection of a strong power; (b) Suzerainty which is the result of a concession from a state to a former colony which is allowed to become independent subject to the retention by the former sovereign of certain powers over the external affairs of the latter.
3. Neutralized States These are states whose independence and integrity are guaranteed by an international treaty on the condition that such state obligates itself to take up arms against any other state or to enter into an international obligation as would indirectly involved it in war.

UNITED NATIONS 1. It is an international organization vested at the San Francisco Conference which was held in the United Sates from April 25 to June 26, 1945. The U.N. succeeded the League of Nations and is governed by a charter which came into force on October 24, 1945. Composed originally of only 51 members. PRINCIPAL ORGANS
2

they assume to be subjects of international law on the basis of agreement between states and in specific context but not in customary or general international law Diplomatic and Consular Law Agents of Diplomatic Intercourse Head of State 1. the United Nations Charter has created an organ charged with the particular duty of pursuing this objective. 5.e. However. which is headed by a Secretary-General. 2. UN General Assembly It is the central organ of the United Nations. He is the embodiment of. Generally. UN Trusteeship Council It is the principal organ of the United Nations which is directly charged with the administration of the international trusteeship system. 6. i. archives. His quarters. INTERNATIONAL ADMINISTRATIVE BODIES 1. 4. UN Economic and Security Council Recognizing that the promotion of social progress and better standards of life in larger freedom is indispensable to world harmony and order.1. They may be considered as a subject of international law when they are autonomous. The Secretary-General is chosen by the General Assembly upon recommendation of the Security Council. the sovereignty of the state. 3. All members are represented in it and it exercises powers and functions with respect to the other organs. UN Secretariat The chief administrative organ of the United Nation is the Secretariat. It is the principal deliberative body of the organization and is vested with jurisdiction over matters concerning the internal machinery and operations of the United Nations. property and 3 . INDIVIDUALS 1. they are not subject to the control of any single state and their purposes are mainly non-political. His term is fixed at 5 years by resolution of the General Assembly and he may be re-elected. and enjoys the right to special protection for his physical safety and the preservation if his honor and reputation. International Court of Justice It is a judicial organ of the United Nations. they are mere objects and the state represents them in their international claims. and represents. UN Security Council It is an organ of the United Nations primarily responsible for the maintenance of international peace and security.

except when he himself is the plaintiff. It is a body consisting of the different diplomatic representatives who have been accredited to the local or receiving state. (b) when he has notified his arrival and a true copy of his credentials has been presented to the government of the receiving state. and his prerogative to determine the assignment of the country’s diplomatic representative cannot be questioned. the dean is the Papal Nuncio. Practice of the Agreation. sends and instructs the diplomatic and consular representatives. He is immune from criminal and civil jurisdiction. the foreign secretary is the immediate representative of the head of state and directly under his control. who is usually the member of the highest rank and the longest service in the state.means of transportation are inviolate under the principle of exterritoriality. It is headed by a doyen du corps or dean. ministers and internuncios accredited to head of state. It is only when the receiving state manifests its agreement or consent that the diplomatic representative is appointed and formally accredited. The appointment of diplomats is not merely a matter of municipal law because the receiving state is not obliged to accept any representative who is persona non grata to it. The Foreign Secretary or Minister 1. Under Article 7. Commencement of the diplomatic mission 1. He can make binding declarations on behalf of his state on any matter falling within his authority. Diplomatic Corps 1. it is the President who appoints. Sometimes state may appoint special diplomatic agents changed with either political or ceremonial duties. Section 16 of the 1987 Philippine Constitution. The diplomatic mission commences: (a) when he has presented his credentials. Envoys. Ambassadors or nuncios accredited to heads of state. Under the municipal law of most states. by means of which inquiries are addressed to the receiving state regarding a proposed diplomatic representatives of the sending state. 3. such as the negotiation of a treaty or attendance at a state function like a coronation or a funeral. 3. Charges d’ affaires accredited to ministers for foreign affairs. 4 . and is not subject to tax or exchange or currency restrictions. 2. In Catholic countries. Classification of diplomatic representatives 1. Appointment of Envoys 1. The Members of the Diplomatic Service 1. 2.

for use in sending secret communications. 75 punishes. The diplomatic representative carries: (a) the letter of credence. and offers violence to the person of the ambassador or minister except if done in self-defense.A. It must be noted. Protecting in the receiving state the interests of the sending state and its nationals. 2. any person who assaults. (c) his official instructions . wounds.Usual Documents carried by a diplomatic representative 1. In some cases. not political. freedom and dignity. Diplomatic Functions 1. 5 . An exception the rule is that the envoy cannot complain if he is injured because he himself caused the initial aggression and thereby provoked retaliation or unduly exposed himself to danger as by mixing with a disorderly assembly. 2. but must be released and sent home in due time. (d) the cipher or code book. R. or letter de creance. on the basis of reciprocity. representing friendly governments at their requests. However. Representing the sending state in the receiving state. An attack on any diplomatic representative is deemed a serious offense and must be redressed with the most severe penalties by the receiving state. that the attack is confined to the person of the envoy and does not include his honor or reputation. such as when he commits an act of violence which makes it necessary to put him under restraint for the purpose of preventing similar acts. The UN Convention on the prevention and punishment of crimes against internationally protected persons considers crimes against diplomatic agents as international. cultural and scientific relations. (b) his diplomatic passport. by virtue of which he is accredited to the receiving state with the request that full faith and credit be given to his official acts. in nature. 4. strokes. 4. he shall not be liable to any form of arrest or detention. the diplomatic envoy may be arrested temporarily in case of urgent danger. In the Philippines. 3. Negotiating with the government of the receiving state. The receiving state shall treat him with due respect and take all steps to prevent any attack on his person. 5. Ascertaining by all lawful means conditions and developments in the receiving state and reporting thereon to the government of the sending state. The person of the diplomatic representative is inviolable. Diplomatic Immunities and Privileges Personal Inviolability 1. 3. 5. though. Promoting friendly relations between the sending and receiving states and developing their economic. 6.

The agents of the receiving state may not enter without the consent of the envoy. attachment or execution. 2. An enemy may. but it can and usually will ask for his recall. The fugitive should. expect in extreme cases of necessity. orders or processes within the premises of the mission residence of the envoy is prohibited. This is true even in case of armed conflict. however. their furnishing and other property thereon. records and archives. as well as the private residence of the diplomatic agent. The Diplomatic Convention provides: “A diplomatic agents shall enjoy immunity from the criminal jurisdiction of the receiving state. heir or legatee as a private person and not on behalf of the sending state. and the means of transport of the mission shall be immune from search. in the interests of 6 3. registration. 3. If he violates the local laws. and neither can local authorities even under process of law detain the goods.Immunity from Jurisdiction 1. Inviolability also extends to the archives. administrator. criminal and administrative jurisdiction of the receiving state except in a few specified cases. the peace officers cannot break into such premises for the purposes of apprehending him. an envoy should not permit the premises of his mission or his residence to be used as a place of asylum for fugitives from justice. A diplomatic agent is expected to observe them meticulously as befits a person of his rank and prestige. But if it is the ambassador himself who request local police assistance. however. be surrounded upon demand by local authorities. except in the cases in the of: (a) real actions relating to private immovable property situated in the territory of the receiving state. The premises of the mission. The premises occupied by a diplomatic mission. summons. Unless the right is recognized by treaty or local usage. papers are correspondence of the mission at all times and wherever they may. this privilege cannot be invoked. A diplomatic agent shall be immune from the civil. unless he holds it in behalf of the sending state for the purposes of the mission. Inviolability of premises and archives 1. he may not be punished for his offense by the receiving state. The service of writs. Such premises cannot enter or searched. (b) actions relating to succession in which the diplomatic agent is involved as executor. He shall enjoy immunity from its civil and administrative jurisdiction. 4. and the receiving state has the duty respect and their confidential character. 2. is inviolable. documents. . during which the archives must remain sealed and may not be confiscated by the local states. Even if a criminal takes refuge within the premises. (c) actions relating to any professional or commercial activity exercised by the diplomatic agent in the receiving state outside his official functions. except when the right of asylum exits.

The privilege are enjoyed by the envoy from the moment he enters the territory of the receiving state. (6) Registration. Duration of immunities or privileges 1. exempt from inspection. Exemption from Testimonial Duties 1. Exemption from taxes 1. 2. unless he holds it on behalf of the sending state fro purpose of the mission. Baggage and effects are entitled to free entry and normally. whether ordinary or in cipher. The mission may employ all appropriate means to send and receive messages. The right of an envoy to communicate with his government fully and freely is universally recognized. Freedom of movement and travel in the territory of the receiving state 2. Under the Vienna Convention. Because of this right. court or record fees. he is not prohibited by international law from doing so and may waive this privilege when authorized by his government. (2) Dues and taxes on private immovable property situated in the territory of the receiving state. (5) Charges levied for specified services rendered. The diplomatic convention provides that a diplomatic agent is not obliged to give evidence as a witness. by any of the usual modes of communication or by means of diplomatic couriers. succession or inheritance taxes levied by the receiving state. such as those fleeing from mob violence. mortgage dues and stamp duty with respect to immovable property. and shall cease the moment he leaves the 7 . regional or municipal. articles addressed to ambassadors. charges d’ affaires are also exempted from customs inspection. Nevertheless. (3) Estate. diplomatic agents are exempted from all dues and taxes.humanity. whether personal or real. afford temporary shelter to persons in imminent peril of their lives. The Vienna Convention also provides for exemption from all customs duties and taxes of articles for the official use of the mission and those for the personal use of the envoy or members of the family forming part of his household. ministers. Inviolability of Communication 1. except the following: (1) Indirect taxes normally incorporated in the price of goods or services. including articles intended for his establishment. Use of the flag and emblem of the sending state on the diplomatic premises and the residence and means of transport of the head of mission. (4) Dues and taxes on private income having its source in the receiving state and capital taxes on investments in commercial ventures in the receiving state. the diplomatic pouch and diplomatic couriers shall also enjoy inviolability. national. Other privileges 1. Exemption from all personal services and military obligations 3.

Functions of the Consuls 1. (2) resignation. but as a rule.country. Diplomatic privileges may be waived. Waiver may be made only by the government of the sending state if it concerns the immunities of the head of mission. Appointment Principal services where consuls derive their authority 1. (2) the promotion of the commercial. 2. in other cases. the individual concerned cannot make the waiver since such immunities are not personal to him. Kinds of Consuls 1. Ranks of Consuls 1. (4) extinction of the state Consuls 1. Consular Agent – who is usually entrusted with the performance of certain functions by the consul. which is the permission given them by the receiving state to perform their functions therein. (2) dismissal by the receiving state. Waiver of Immunities 1. The exequatur. economic. Consul General . 2. the waiver may be made either by the government or by the chief of mission. (4) abolition of office while other modes of termination are: (1) recall by the sending state.who heads several consular districts or one exceptionally large consular district. The usual modes of termination are: (1) death. (3) removal. a separate waiver for the latter is necessary. Vice Consul – who assists the consul. which is the commission issued by the sending state. when traveling through a third state on the way to or from the receiving state. Consules Missi are professional and career consuls and nationals of the appointing state. although with respect to official acts. does not include waiver of immunity in respect of the execution of judgment. 8 . They are state agents residing abroad for various purposes but mainly in the interest of commerce and navigation. (3) war between the receiving and sending state. 3. The letter patent or letter de provision. 4. The functions of consuls are (1) the protection of the interests of the sending state and its national in the receiving state. Consul – who takes charge of a small district or town or port. or on expiry of a reasonable time in which to do so. cultural and scientific relations of the sending state. These privileges are available even in transitu. Waiver of this. immunity shall continue indefinitely. Termination of Diplomatic Mission 1. however. Consules Electi are selected by the appointing state either from its own citizens from among nationals abroad. 2.

TREATIES Treaty 1. From the standpoint of international law. Functions of treaties 1. The immunities of consuls are: (1) freedom of communication in cipher or otherwise. However. (4) war 2. The consular mission is terminated by: (1) the usual mode of terminating official relationship. Immunities and Privileges 1. (2) withdrawal of the exequatur. for the purpose of regarding their mutual relations under the law of nations. An executive agreement is not a treaty insofar its ratification may not be required under our constitution. These immunities and privileges are also available to the members of the consular post. (4) Exemption from testifying on official communications or on matters pertaining to consular functions. The reason is consular relations rest on a different basis. It is a formal agreement. The functions of treaties are: (1) to enable the parties to settle finally actual 9 . (2) inviolability of archives. Termination of diplomatic relations does not terminate consular relations between the sending and receiving states.(3) the observation of conditions and developments in the receiving state and report thereof to the sending state. (5) Exemption from taxes. military or jury service. but not other offenses except minor infractions. their families and their private staff. which is entered into by states or entities possessing the treaty. “treaties and executive agreements are alike that both constitute equally binding obligations upon the nation.making capacity. Consuls are not diplomatic representatives but only commercial agents of the sending state. the distinction is purely municipal and has no international significance. (3) extinction of the state. Termination of consular mission 1. (3) Exemption from local jurisdiction for offenses committed in the discharge of official function. (5) supervision and inspection of vessels and aircraft of the sending state. usually but not necessarily in writing. customs duties. 2. Distinction between treaty and executive agreement 1. (4) issuance of passports and other travel documents to nationals of the sending state and visas or appropriate documents to persons wishing to travel to the sending state. Duration of Consular immunities and privileges  The same rule applies as in the case of diplomatic immunities and privileges. but not of the premises where legal processes may be served and arrests made. (6) they may display their national flag and emblem in the consulate. Waiver of immunities may be made by the appointing state.

Doctrine of Unequal Treaties provides that treaties which have been imposed through coercion or duress by a state of unequal character is void. Lawful Subject Matter 1. the head of state exercises the treaty-making power. ratification. Freedom of Consent 1. Non-compliance with this requisite will prevent enforcement of the treaty even if already signed by the authorized 10 . (5) in accordance with their respective constitutional processes. Where the consent of the state is obtained through the corruption of its representative by another negotiating state. Under customary international law. Where the consent of a party has been given in error or induced through fraud on the party of the other. Compliance with constitutional process 1. as an attribute of sovereignty. Treaty making capacity 1. although such capacity may be limited by the purpose and the constitution of such organizations. exchange of instruments constituting a treaty.and potential conflicts. The essential requisites of a valid treaty are: (1) it must be entered into by parties having the treaty-making capacity. However. and (4) to provides the humus for the growth of international customary law. Generally. Authorized representative 1. or by other means manifesting consent. fraud. Essential requisite of valid treaty 1. (3) without the attendance of duress. it is the President who exercises the power. (2) through their authorized organs or representatives. (2) to make it possible for the parties to modify rules of international customary law by means of optional principles or standards. mistake or other vice of consent. (4) on a lawful subject. In the Philippines. It must be within the commerce of nations and in conformity with international law. the former may invoke such corruption in invalidating its consent to be bound by the treaty. 2. The consent of the state may be expressed by signature. (3) to pave the way for the transformation of unorganized international society into one which may be organized ion any chosen level of social integration. acceptance. Treaty–making capacity process is governed by international law except with respect to the method of ratification as required by the municipal law of most states at present. the object is deemed illegal only when it contravenes or departs from an absolute or imperative rule or prohibition of international law. the treaty is voidable. subject to concurrence by 2/3 of all the members of the Senate. approval or accession. international organizations are deemed to possess treaty making capacity. Every state possesses the capacity to conclude treaties.

negotiators. ratifying. acceptance. Thus. B. the treaty enters into force as soon as the consent of all the parties to be bound by the treaty is established. In the absence of such a provision. accepting. undertaken by the representatives of the contracting parties who are provided with credentials known as full powers or pleins pouviors. the signature will operate to bind the parties to the treaty. Signature – it is primarily intended as means of authenticating the instruments and symbolizing the good faith of the contracting parties. 2. the power to ratify a treaty is vested in the President. Registration with the United Nations : A treaty enters into force in such manner and on such dates as it may provide. 3. it does not indicate consent where ratification of the treaty is required.  Principle of Alternat – this is an arrangement under which each negotiator is allowed to sign first on the copy of the treaty which he will bring home to his own country. or if the treaty so provides. Treaty-Making Process 1. In the Philippines. the purpose being to preserve the formal appearance of equality among the contracting states and to avoid delicate questions of precedence among the signatories. and by which the state expresses its willingness to be bound by the treaty. subject to concurrence by 2/3 of all the numbers of the Senate. approving or acceding to a treaty. When agreement is reached. Accession – also known as “adhesion”. Ratification – the act by which the provisions of a treaty are formally confined and approved by a state. The state making the reservation remains a party to the treaty. made by a state when signing. . provided that the reservation is compatible with the object and purpose of the treaty. a third party who did not participate or who did not ratify on time. Registration with and publication by the UN – Article 102 of the Charter 11 4. Significantly. coupled with the notification to the contracting states of such deposit. Exchange of instruments of ratification – Consent is deemed established with the exchange of the instrument of ratification. b. Negotiation refers to the discussion of the provisions of the proposed treaty. a. become the basis of the negotiation. upon invitation or permission of the contracting parties. the resultant instrument is ready for signature. upon deposit of such instruments with a named depository. Reservation – a unilateral statement. A. this is the process by which a nonsignatory state becomes a party to a treaty. whereby it purports to exclusive or modifies the legal effects of certain provisions of the treaty in their application to that state. together with the counter-proposals. may be bound by a treaty. approval or accession. But where ratification is dispensed with. It is customary for one of the parties to submit a draft proposal which. or as the negotiating parties may agree. as is usual.

2. The doctrine must be invoked within a reasonable time from the occurrence of the change asserted. The vital change claimed as justification for the discontinuance of the treaty must have been unforeseen or unforeseeable and must not have been caused by the party invoking the doctrine. affect the validity of the treaty. Willful disregard or violation of treaties without just cause is frowned upon by the society of nations. Other states may also be bound by the terms of a treaty if linked by the “most favored nation clause”. treaties cannot impose obligations upon states not parties to them. However. or where the treaty expressly extends benefits to non. “ would justify non-performance of a treaty obligation if the conditions in relation to which the parties contracted have changed so materially and so unexpectedly as to create a situation in which the exaction of performance would be unreasonable”. such as conflicts between the treaty and its constitution or prejudice to the national interest as a result of the operation of the treaty. Failure to register would not. A treaty shall be interpreted in good faith. 4. As a general rule. however. states not originally parties to the agreement may become bound. annexes. As a rule. To be considered in the interpretation are its text.signatory states. a party must comply with the provisions of a treaty and cannot ignore or modify it without the consent of the other signatory. if the treaty is merely a formal expression of customary international law.of the UN requires that every treaty and international agreement entered into by any member of the UN should be registered as soon as possible with the secretariat and published by it. 2. in accordance with the ordinary meaning given to the terms of the treaty in their context and in the light of its objects and purposes. preamble. Treaty Interpretation 1. any party thereto before any organ of the UN cannot invoke the unregistered instrument. The doctrine cannot operate retroactively upon the provisions of the treaty already executed prior to the change in circumstance. 3. through the process of accession or adhesion. as well as other agreements relating to the treaty and subsequent agreements entered 12 . It applies only to treaties of indefinite duration. Pacta sunt servanda means that treaties must be observed in good faith despite hardship on the contracting state. Rebus sic stantibus – according to Jessup. however.  Limitations on the Doctrine of rebus sic stantibus: 1. Fundamental principles concerning treaties 1. When non-signatories may be bound by a treaty 1. under which a contracting state entitled to the clause may claim the benefits extended by the latter to another state in a separate agreement likewise.

It is the tie that binds as individual to his state. It is membership in a political community with all its concomitant rights and obligations. Acquisition of Nationality Modes of acquiring nationality: 1. by de suctude. the nationality of another state. (9) by voidance of the treaty because of defects in its conclusion. (c) collective change of nationality (naturalization masse) as a result of cession or subjugation.into by the contracting parties. It has a more exclusive meaning in that it applies only to certain members of this state accorded more privileges that the rest of the people who are it allegiance. NATIONALITY AND STATELESSNESS Nationality 1. or by the exercise of the right of denunciation (or withdrawal) when allowed. (4) by novation. or incompatibility with international law. (3) by impossibility of performance. voluntarily or by operation of law. through mutual consent. 2. (8) by the outbreak of war between the parties. Jus Sanguinis. (b) on the minor children of the naturalized parent. Jus Soli. Amendment or Modification 1. (4) by loss of the subject matter. By Birth a. violation of its treaty by one the parties. However. two states may modify a provision only as they are concerned. Kinds of Naturalization: 1. Naturalization – it is a process by which a foreigner acquires. usually judicial.. To amend or modify provisions of the treaty. Direct naturalization is effected by: (a) individual proceedings. which may be fixed or subject to a resolutory condition. the consent of all the parties is required. (c) on the alien 13 . 2. often in favor of distinguished foreigners who have rendered some notable service to the local state. or a subsequent agreement. Termination of Treaty 1. if allowed by the treaty itself. Its significance is municipal and not international. Citizenship 1. (b) special act of the legislature. (2) by accomplishment of the purpose. except where the treaty is intended precisely to regulate their relations during war. Derivative Naturalization may be conferred: (a) on the wife of the naturalized husband. from which he can claim protection and whose laws he is obliged to obey. (7) by the occurrence of a vital change of circumstances under the doctrine of rebus sic stantibus. A treaty is terminated: (1) by expiration of term. by place of birth b. under general naturalization laws. (5) by desistance of the parties. (6) by extinction of one of the parties if the treaty is bipartite. by nationality of his parent or by blood. the UN Charter.

such permission shall not be refused if that person has his habitual residence abroad. within a third state. he may renounce one of them with the permission of the state whose nationality he wishes to surrender and subject to the laws of the state concerned. which governs repatriation of Filipino women who have lost Filipino citizenship by reason of marriage to aliens. Statelessness 1. be treated as if he had only one. he shall. 2. possesses double nationality. the third state shall recognize exclusively either the nationality of the state in which he is habitually and principally resident. Loss of Nationality 1. without any voluntary act of his own. It is acquired as the result of the concurrent application to him of the conflicting municipal laws of two or more states claiming him as their national.woman upon marriage to a national Repatriation 1. It is the possession by an individual of more than one nationality. It is the condition or status of an individual who is born without any nationality or who loses his nationality without retaining or acquiring another. (b) Deprivation. and a state may not give diplomatic protection to one of its nationals against a state whose nationality that person possesses. This is known as the Principle of Effective Nationality. and the nationality if the state with which he appears in fact to be most closely connected. Resolution of conflicts in multiple nationality cases: (1) A person having two or more nationalities may be regarded as its national by each of the state whose nationality he possesses. RA 8171. (d) Substitution Multiple Nationalities 1. Doctrine of Indelible Allegiance 1. Any wrong suffered by him through the act or omission of a state would be damnum absque injuria for in theory no state has been offended and no international delict committed. 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. It is the recovery of nationality by individuals who were natural-born citizens of a state but who had lost their nationality. A stateless individual is powerless to assert any right that otherwise would be available to him under international law were he a national of a particular state. 2. (c) Renunciation. 2. 14 . (2) If a person has more than one nationality. Nationality is lost by any of the following modes: (a) Release. (3) If a person. as well as the repatriation of former natural-born Filipinos who lost Filipino citizenship.

state of refuge will conduct a judicial investigation to ascertain if the crime is covered by the extradition treaty and if there is a prima facie case against the fugitive delivered to the state of refuge. accompanied by the necessary papers relative to the identity of the wanted person and the crime alleged to have committed or which he has already been convicted. 6. the right to religion and religious instruction. Moreover. rationing of products in short supply. Lantion. (2) in absence of a treaty. for punishment.3.  In Secretary of Justice vs. Request. In absence of special agreement. However. a fugitive who is extradited may be tried only for the crime specified in the request for extradition and included in the list of offices in the extradition treaty. Upon receipt of the request. the murder of the head of state or any member of his family is not to be regarded as a political offense. the Supreme Court ruled that 15 . Neither is genocide. 4. each seeking to impose the government of their own choice on the other. (3) if surrender is made. Under the Attentat Clause. 5. Extradition is the surrender of a person by one state to another state where he is wanted for prosecution or if already convicted. a stateless person is entitled to. Procedure 1. the terms of the Universal Declaration of Human Rights are sufficiently bound to encompass the stateless person with its protection and sympathy as a member of the human family. Any person may be extradited. The act for which the extradition is sought must be punishable in both the requesting and requested state under what is known as the rule of double criminality. elementary education. 2. whether he is a national if the requesting state. the local state may grant asylum to the fugitive. In order to constitute an offense of a “political character” there must be two or more parties in the state. and treatment no less favorable than that accorded aliens in general. 3. Under the principle of specialty. the offense must have been committed within the territory or against the interests of the demanding state. Extradition is based on consent of the state of asylum as expressed in a treaty or manifested as an act of goodwill. Fundamental Principle of Extradition 1. TREATMENT OF ALIENS Extradition 1. It is based on: (1) a treaty. among others. 2. the same is merely a gesture of comity. access to courts. public relief and assistance. made through diplomatic channels to the state of refuge. Political and religious offenders are generally not subject to extradition. of the state of refuge or of another state.

It has no obligatory character because it was adopted by the UN General Assembly as Resolution 217A(III). Distinguished from deportation 1. (f) the right to rest and leisure. or to use their own language. Despite this. privacy and security of person. although it lists more rights than the UDHR: (1) the right to own property. (3) the right of members of ethnic. (5) the right to legal 16 . (g) right to freedom of opinion and expression. Universal Declaration) 5. that the UDHR is not a treaty. conscience and religion. Extradition is the surrender of a fugitive by one state to another where he is wanted for prosecution or if already convicted. (f) the right of freedom of thought. As a resolution. social and cultural rights include: (a) the right to social security. It must be noted. International Covenant on Civil and Political Rights (ICCPR) 1.extradition proceedings are sui generic and are not criminal proceedings which automatically call into operation all the rights of an accused as guaranteed in the Bills of Rights. for punishment. (d) the right to fair trial and presumption of innocence. religious. (4) the right to compensation in case of unlawful arrest. 2. (2) The economic. 3. Extradition proceedings do not involve the question of guilt or innocence of the person to be extradited. Deportation is the unilateral act of the local state and is made in its own interests. 4. UDHR embodies both first generation (civil and political rights) and second generation (economic. (h) the right to peaceful assembly and association. usually but not necessarily to his own state. The surrender is made at the request of the latter state on the basis of an extradition treaty while deportation is the expulsion of an alien who is considered undesirable by the local state. (Juan Carillo Salcedo. it is merely recommendatory. The UDHR is the first comprehensive catalogue of human rights proclaimed by an international organization. (i) the right to take part in the government of his country. (1) The civil and political rights enumerated include: (a) right to life. or linguistic groups not to be denied to enjoy ntheir own culture. the UDHR is considered a normative instrument that creates binding obligations for all States because of the consensus evidenced by the practice of States that the Declaration is now binding as part of international law. to profess and practice their own religion. (c) the right to work and protection against unemployment. Human Rights. (b) prohibition against slavery. detention or exile. The ICCPR is an international covenant and is binding on the respective State parties. It embodies the first generation of human rights. (c) the right not to be subjected to arbitrary arrest. (d) the right to equal pay for equal work. liberty. International Human Rights Law Universal Declaration of Human Rights (UDHR) 1. however. 2. (2) the right to seek in other countries asylum from prosecution. (e) The right to nationality. (e) the right to form and join trade unions. social and cultural rights).

(b) right to strike. (Art. is an international covenant and is binding on the respective State Parties. 1. (6) the right against self-incrimination. 70) (3) War of National Liberation 1. (b) between government authorities an organized armed group. Armed Conflict exists when there is resort to the use of force: (a) between two states (International Armed Conflict). Social and Cultural Rights (ICESCR) 1. 1. 2. 3 and 4 of Protocol I) Fundamental Principles of IHL 1. Para. International Covenant on Economic. (e) freedom for scientific research and creativity. or (c) between such groups within the same territory (Non-international armed conflict) (Prosecutor vs. INTERNATIONAL HUMANITARIAN LAW (IHL) AND NEUTRALITY 1. (d) rights to enjoy the benefits of scientific progress. 2. Persons hors de combat and those who do not take part in hostilities shall be protected and treated humanely without any adverse distinction. 17 .assistance in criminal prosecution. although it lists more rights than the UDHR: (a) right to health. (6) protection against double jeopardy. (10) right of persons below 18 years old not to be sentenced to death for crimes. (7) right to review by higher tribunal in case of criminal conviction. par. It is considered an international armed conflict under Art. 3. (9) right to protection of a child as required by his status as a minor. All cases of declared war or any other armed conflict which may arise between two or more of the Highest Contracting parties. (11) right against the carrying out of death sentence on the part of a pregnant woman. Geneva Convention of 1949) Categories of Armed Conflicts (1) International Armed Conflicts (2) Internal or Non-International Armed Conflict 1. Parties to armed conflicts are prohibited from employing weapons or means or warfare that cause unnecessary damage or excessive suffering. ARMED CONFLICT (IHL). (8) right of every child to nationality. The ICESCR. Is the branch of public international law which governs armed conflicts to the end that the use of violence is limited and that human suffering is mitigated or reduced by regulating or limiting the means of military operations and by protecting those who do not or no longer participate in the hostilities. Tadic. An armed conflict may be of such nature in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right to self-determination 2. (c) right to be free from hunger. Parties to armed conflict shall distinguish between civilian populace from combatants and spare the former from military attacks. like the ICCPR. 2. even if state of war is not recognized by one of them. It embodies the second generation of human rights.

A person is Hors de Combat if: (a) he is in the power of an adverse party to the conflict. (g) proper burial. (j) repatriation of the sick and the wounded. Parties who captured civilians and combatants shall respect their right to life. Oct. (b) incapable of defending himself provided he abstains from any hostile act and does not attempt to escape. The Geneva Convention Relative to the Protection of Civilian Persons in Time of War (“4th Geneva Convention:. 1907) 1. Rules of Neutrality: (The Hague Convention Respecting the Rights and Duties of Neutral Powers. 3. it shall leave them a place of residence if it allows them to remain in its territory. he neutral power may supply them with food. 18. troops of belligerent armies received by a neutral power in its territory shall be interned by way from the theater of war. Law on Neutrality 1. Neutrality is the legal status of a State in times of war. the territory of the neutral power is inviolable. 5. religious articles. Aug. by which it adopts impartiality in relation to the belligerents with their recognition. 2.41(2) of Protocol I) Treatment of Civilians 1. (Art. 7. if the neutral power receives escaped prisoners of war. (h) group according to nationality. 6. The rights of a Prisoner of War (1949 Geneva Convention) are: (1) to be treated humanely. establishing communication facilities. (d) receive food. (f) keep personal belongings. 4. It is prohibited to kill or injure an enemy who surrenders or who is hors de combat. the neutral power may authorize the passage into its territory of the sick and wounded if the means of transport bringing them does not carry personnel or materials of war. (e) bare minimum information. 12. (b) not be subject to torture. medicine. or forming corps of combatants. The Geneva Convention Relative to the Treatment of Prisoners of War (‘3rd Geneva Convention”. conviction and other personal rights. belligerents are forbidden to move troops or munitions of war and supplies across the territory of a neutral power. 1949) Prisoners of War 1. 7. 1949) 2. a neutral power is forbidden to allow belligerents to use its territory for moving troops. clothing. clothing and relief required by humanity. (c) he clearly expresses an intention to surrender. 5. 6. (i) establishment of an information bureau. 12. Aug. (c) allowed to communicate with family.4. The wounded and the sick shall be protected and cared for by the party who is in custody of them. dignity. 18 .

waters and other natural features which from an intrinsic geographical. The lines from which a breadth of the territorial sea and other maritime zones. THE ARCHIPELAGIC DOCTRINE 1. ARCHIPELAGIC STATES 1. It may include other islands. between and connecting the islands of the archipelago. straight baselines should be drawn to connect appropriate points of the outermost islands without departing radically from the general direction of the coast so that the entire archipelago shall be encompassed as one whole territory.(Art. or if there is a fringe of islands along the coast in its immediate vicinity. such as the “ contiguous zone” and the “ exclusive economic zone” is measured. BASELINES 1. Straight Baseline Method – In defining the internal waters of the archipelago. The waters around. inter-connecting waters and other natural features which are closed interrelated in such islands. It is a state made up of wholly one or more archipelagos. Straight baselines join the outermost points of the outermost islands 19 . It is the body of treaty rules and customary norms governing the use of the sea. it is the branch of PIL which regulates the relations of States with respect to the use of the oceans. Where the coastline is deeply intended or cut into. economic and political entity or which historically has been regarded as such. and the exercise of juridcistion over maritime regimes (Magallona) 2. Archipelago is a group of islands. (Article 1. UNCLOS) 2.Law of the Sea 1. The territorial sea is the low-water line along the coast as marked on large scale charts officially recognized by the coastal state. 5. 2. the explotation of its resources. (Art. Section 1 of the 1987 Constitution) Straight Archipelagic Baselines 1. the method of straight lines joining the appropriate points may be employed in drawing the baseline from which the breadth of the teeritorial sea is measured.UN Convention on the Law of the Sea ) Straight Baseline 1. 2. The waters inside these baselines shall be considered internal and thus not subject to entry by foreign vessels without the consent of the local state. are to be treated as internal waters. regardless of their breadth or dimension. 7. including parts of islands. Its purpose is to determine the boundary of the coastal state. Normal Baseline 1.

2. These are the waters enclosed by the straight archipelagic baselines. expeditious. THALWEG DOCTRINE – for Boundary Rivers. Among them are: 1) Rivers may be: national which is situated completely in the territory of one state. after which such state may designate. INTERNAL WATERS 1. Internal waters are those found in the bodies of waters within the land mass and the waters in gulfs and bays up to the point where the territorial waters begin. Historic Bay – These are bays whose waters are considered internal but which should not have that character were it not for the existence of a historic title. It is the right of foreign ships and aircraft to have continuous. 2) Bays and Gulfs: A Bay is 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 curvature of the coast. the boundary line is the middle or center of the bridge. Archipelagic Sea Lanes Passage 1.and drying reefs of an archipelago. but subject to the right of innocent passage for the ships of all states. Archipelagic Waters 1. provided that within such baselines are included the main islands and an area in which the ration of the water to the area of the land. MIDDLE OF THE BRIDGE DOCTRINE – where there is a bridge over a boundary river. 20 . regardless of their depth or distance from the coast. is between 1 to 1 and 9 to 1. boundary which divides the territories of states. and unobstructed passage in sea lanes and air routes through or over archipelagic waters and the adjacent territorial sea of the archipelagic state. It is subject to the sovereignty of the archipelagic state. multinational which flows through various states or international which is navigable from the open sea and open to the use of vessels from all states. including atolls. in the absence of an agreement between the riparian states. 2. It is the International Marine Organization (IMO) which adopts them through Art. the boundary line is laid on the middle of the main navigable channel. 53 (9) of the UNCLOS which states that “the Organization may adopt only sea lanes and traffic separation schemes as may be agreed with the archipelagic state. prescribe or substitute them”. The area must be as large as or larger than a semi-circle whose diameter is a line drawn across the mouth of such indentation or if the mouth is less than 24 miles wide. Note: the archipelagic state designates the sea lanes as proposals to the “competent international organization”.

subsoil although other states shall have freedom of navigation and over flight. General Rule: Ships of all states enjoy the right of innocent passage through the territorial sea. seabed. TERRITORIAL SEA 1. Submarines and other underwater craft are required to navigate on the surface and to show their flag. the area beyond the territorial sea is not part of the territory of the state. The belt of the sea located between the coast and internal waters of the coastal state on the one hand. CONTINENTAL SHELF 1. It is composed of 21 independent members elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea. but5 the coastal state may exercise sovereign rights over economic resources of the sea. to lay submarine rabbles and pipelines and other lawful uses. The passage must be continuous and expeditious except in cases of force majure. which is open to everyone in times of war or peace. or is shared with another state. If the distance between the two opposite coasts is not more than 6 miles. from the baselines. Technically. States with overlapping exclusive economic zones are enjoined to enter into the appropriate treaty for the joint exploitation and utilization of the resources in the area. TRIBUNAL OF THE LAW OF THE SEA International Tribunal for the Law of the Sea 1. 2. The coastal state also enjoys the right of exploitation of oil deposits and other resources in the continental shelf. 4) Canals: The most famous are the Suez Canal. the boundary shall be determined in accordance with equitable principles.3) Straits are narrow passageways connecting two bodies of water. EXCLUSIVE ECONOMIC ZONE 1. extending up to 12 nautical miles from the low-water mark or in the case of archipelagic states. they are considered internal waters. which is neutralized and the Panama Canal. In case the continental shelf extends to the shores of another state. 2. The composition shall also be representative of the world’s principal legal systems and of equitable geographical distribution. 21 . and the high seas on the other. Extends up to 200 nautical miles from the low-water mark or the baselines. It comprises the seabed and the subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin or to a distance of 200 miles from the baselines from which the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.

It may also decide a case ex aequo et bono (what is equitable and just) if the parties so agree.JURISDICTION: 1. 22 . APPLICABLE LAWS IN SETTLEMENT OF DISPUTES BY THE ITLOS 1. It also includes matters submitted to it under any other agreement. The tribunal shall apply the UNCLOS and other rules of international law not incompatible with the UNCLOS. Its jurisdiction covers all disputes submitted to in accordance with the UNCLOS. 2.