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PUBLIC AND PRIVATE INTERNATIONAL LAW 2014

Compiled by: Clint M. Maratas based on the syllabus of Atty. Chezie K. Demegillo

Page 1 of 12

8. Nationality and Statelessness a. Nature of Nationality b. Determination of Nationality c. Acquisition of Nationality d. Loss of Nationality and Stateleness a. Nature of Nationalit Nationality is membership in political community with all its concomitant rights and obligations. It is the tie that binds the indi idual to his state! from which he can claim protection and whose laws he is obliged to obey. Nationality is important in International Law because an indi idual ordinarily can participate in international relations only through the instrumentality of the state to which he belongs! as when his go ernment asserts a claim on his behalf for in"uries suffered by him in a foreign "urisdiction. #his remedy would not be a ailable to a stateless indi idual! who would ha e no entity with international personality to intercede for him under the law of nations. !. Deter"ination of Nationalit Any question as to whether a person possesses the nationality of a particular state shall be determined in accordance with the law of that state. It is for each state to determine under its laws who are its nationals. #hese laws shall be recogni$ed by other state so long as they are consistent with international con entions! international customs and principles of law generally recogni$ed with regard to nationality. #. A#$ui%ition of Nationalit Nationality may be acquired by %. birth &. naturali$ation. An indi idual acquires the nationality of the state where he is born jure soli or the nationality of his parents jure sanguinis regardless the place of his birth. Naturali&ation is a process by which a foreigner acquires! oluntarily by operation of law! the nationality of another state. W'at i% "ulti(le nationalit ) Multiple nationality is the possession by an indi idual of more than more than one nationality. 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.

*. Lo%% of nationalit or %tatelene%% +TATELE++NE++ Statelessness is the condition or status of an indi idual who is born without any nationality or who loses his nationality without retaining or acquiring another. W'at i% t'e #on%e$uen#e of %tatele%%ne%%) 'rom the traditional iewpoint! the stateless indi idual is powerless to assert any right that otherwise would be a ailable to him under international law where he a national of a particular state. Any wrong suffered by him through the act or omission of a state would be damnum absque in"uria for in theory no state has been offended and no international delict committed. NATIONALIT, AND +TATELE++NE++ W'at i% t'e (rin#i(le of effe#ti-e nationalit ) (ithin a third state! a person more than one nationality shall be treated as if he had only one. )nder the principle of effecti e nationality! the third state shall recogni$e conclusi ely in its territory either nationality of the country in which he is habitually and principally present or the nationality of the country with which he appears to be in fact most closely connected. Do#trine of Effe#ti-e Nationalit * e+pressed in Art., of the -ague .on ention of %/01 on the .onflict of Nationality Laws that states that within a third State a person ha ing more than one nationality shall be treated as if he had only one * either the nationality of the country in which he is habitually and principally resident or the nationality of the country with which in the circumstances he appears to be in fact most closely connected. (Frivaldo v. Comelec !"# $C%A &#'( +tatele%%ne%% * condition or status of indi idual who is born without any nationality or who loses his nationality without retaining or acquiring another. Treat"ent of +tatele%% In*i-i*ual 2 international con entions pro ide that stateless indi iduals are to be treated more or less li3e the sub"ects of a foreign state. Reinte.ration * reco ery of nationality by indi iduals who are natural born citi$ens of a state! but who lost their nationality.

PUBLIC AND PRIVATE INTERNATIONAL LAW 2014


Compiled by: Clint M. Maratas based on the syllabus of Atty. Chezie K. Demegillo

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/. Treat"ent of Alien% a. 4+tradition and Principles b. 4+tradition Procedures c. 4+tradition s. Deportation a. E0tra*ition an* Prin#i(le% E1TRADITION is the surrender of a person by one state to another state where he is wanted for prosecution or! if already con icted! for punishment. Ba%i% of E0tra*ition5 a treaty. 6utside of treaty! there is no rule in international law compelling a State to e+tradite anyone. Such may be done! howe er! as a gesture of comity. Prin#i(le%2 a. Principle of Specialty 2 a fugiti e who is e+tradited may be tried only for the crime specified in the request for e+tradition and such crime is included in the list of e+traditable offenses in the treaty. b. )nder the Political offense e+ception! most e+tradition treaties pro ide that political and religious offenders are not sub"ect to e+tradition. c. Attentant Clause 2 assassination of head of state or any member of his family is not regarded as political offense for purposes of e+tradition. Also for the crime of genocide. d. #here can only be e+tradition if there is a treaty between the states. e. Differences in legal system can be an obstacle to interpretation of what the crime is. !. Pro#e*ure for E0tra*ition2 ()udicial and diplomatic process of re*uest and surrender( +D !,-.: %. 7equest through diplomatic representati e with D'A &. D'A forwards request to D68 0. D68 files petition for e+tradition with 7#. 9. 7#. issues summons or warrant of arrest to compel the appearance of the indi idual ,. -earing :pro ide counsel de officio if necessary; <. Appeal to .A within %1 days whose decision shall be final and e+ecutory =. Decision forwarded to D'A through the D68 Indi idual placed at the disposal of the authorities of requesting state2costs and e+penses to be shouldered by requesting state. 32 T'e P'ili((ine% entere* into an e0tra*ition treat 4it' anot'er #ountr 4'i#' (ro-i*e* t'at it 4oul* a((l #ri"e% #o""itte* !efore it% effe#ti-it . T'e #ountr a%5e* t'e P'ili((ine% to e0tra*ite 1 for a #ri"e #o""itte* !efore t'e

effe#ti-it of t'e treat . 1 ar.ue* t'e e0tra*ition 4oul* -iolate t'e (ro'i!ition a.ain%t e0 (o%t fa#to la4%. I% 'e ri.'t) A2 No. #he constitutional prohibition applies to penal laws only. #he e+tradition treaty is not a penal law. :(right . .A! &0, S.7A 09%; Deportation * e+pulsion of an alien considered undesirable by local state! usually but not necessarily to his own state. Reconduction 22 forcible con eying of aliens bac3 to their home state without any formalities A. Do#trine of +tate Re%(on%i!ilit 2 state may be held liable for in"uries and damages sustained by the alien while in the territory of the state pro ided5 %. the act or omission constitutes an international delinquency> &. the act or omission is directly or indirectly imputable to the State> and 0. in"ury to the claimant State indirectly because of damage to its national. Dire#t +tate Re%(on%i!ilit * where the international delinquency was committed by superior go ernment officials or organs li3e the chief of state or the national legislature! liability will attach immediately as their acts may not be effecti ely pre ented or re ersed under the constitution or laws of the state. In*ire#t +tate Re%(on%i!ilit * where the offense is committed by inferior go ernment official or by pri ate indi iduals! the state will be held liable only if! by reason of its indifference in pre enting or punishing it! it can be considered to ha e conni ed in effect in its commission. International +tan*ar* of 6u%ti#e * the standard of the reasonable state that is! as referring to the ordinary norms of official conduct obser ed in ci ili$ed "urisdiction> thus! to constitute an international delinquency! the treatment of an alien should amount to an outrage! bad faith! willful neglect of duty! and insufficiency of go ernmental action that e ery reasonable and impartial man would readily recogni$e its insufficiency. Cal-o Clau%e * pro ision frequently inserted in contracts where nationals of another state renounce any claim upon his national state for protection. ?ut such wai er can be legally made only by alien@s state.

PUBLIC AND PRIVATE INTERNATIONAL LAW 2014


Compiled by: Clint M. Maratas based on the syllabus of Atty. Chezie K. Demegillo

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%.7equest through diplomatic representati e with5 B. Refu.ee% 7equisites5 %. #hose who are outside the country of his nationality or if stateless! outside the country of his habitual residence> &. Lac3s national protection> and 0. 'ears persecution. Non8refoule"ent * prohibits a state to return or e+pel refugee to the territory where he escaped because his life or freedom is threatened. #he state is under obligation to grant temporary asylum. :7efugee .on ention of %/,%; Diplomatic Asylum * refuge in diplomatic premises Political Asylum 2 refuge in another state for political offense! danger to life! no assurance of due process. C. E0tra*ition 2surrender of a fugiti e by one state to another where he is wanted for prosecution or! if already con icted! for punishment. Surrender is made at request of latter state on basis of e+tradition treaty. 9eneral Prin#i(le%2 %. ?ased on consent e+pressed through treaties &. SP4.IAL#A2 a fugiti e who is e+tradited may be tried only for the crime specified in the request for e+tradition and included in the list of offenses in the treaty. 0. N6N2LIS# #AP4 6' #74A#A2 offenses punishable under the laws of both states by imprisonment of one year or more are included among the e+traditable offenses. 9. Any person may be e+tradited> he need not be a citi$en of the requesting State ,. Political or religious offenders are generally not sub"ect to e+tradition BAttentat Clau%e* assassination of head of state or any member of his family is not regarded as political offense for purposes of e+tradition. Also for the crime of genocide. <.offense must ha e been committed within the territory or against the interest of the demanding State =.double criminality 22 act for which the e+tradition is sought must be punishable in both States Procedure for 4+tradition :8udicial and diplomatic process of request and surrender; PD %1</ a.decision of con iction> b.criminal charge and warrant of arrest> c.recital of facts> d.te+t of applicable law designating the offense> e.pertinent papers> &.D'A forwards request to D68> 0.D68 files petition for e+tradition with 7#.> 9.)pon receipt of a petition for e+tradition and its supporting documents! the "udge must study them and ma3e! as soon as possible! a prima facie finding whether :a; they are sufficient in form and substance! :b; they show compliance with the 4+tradition #reaty and Law! and :c; the person sought is e+traditable. At his discretion! the "udge may require the submission of further documentation or may personally e+amine the affiants and witnesses of the petitioner. If! in spite of this study and e+amination! no prima facie finding is possible! the petition may be dismissed at the discretion of the "udge. 6n the other hand! if the presence of a prima facie case is determined! then the magistrate must immediately issue a warrant for the arrest of the e+traditee! who is at the same time summoned to answer the petition and to appear at scheduled summary hearings. BPrior to the issuance of the warrant! the "udge must not inform or notify the potential e+traditee of the pendency of the petition! lest the latter be gi en the opportunity to escape and frustrate the proceedings. #he foregoing procedure will Cbest ser e the ends of "usticeD in e+tradition cases> :Eo ernment of the )S s. -on. Purganan and Far3 8imene$ E.7. No. E.7. No. %98,=%. September &9! &11&; ,.hearing :pro ide counsel de officio if necessary;> <.appeal to .A within ten days whose decision shall be final and e+ecutory> =.Decision forwarded to D'A through the D68> 8.Indi idual placed at the disposal of the authorities of requesting state * costs and e+penses to be shouldered by requesting state. BA state may not compel another state to e+tradite a criminal without going through the legal processes pro ided in the laws of the former. Due process requirement complied at the 7#. le el upon filing of petition for e+tradition. No need to

PUBLIC AND PRIVATE INTERNATIONAL LAW 2014


Compiled by: Clint M. Maratas based on the syllabus of Atty. Chezie K. Demegillo

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notify the person sub"ect of the e+tradition process when the application is still with the D'A or D68 4+tradition is not a criminal proceeding which will call into operation all the rights of an accused pro ided in the bill of rights 'or the pro isional arrest of an accused to continue! the formal request for e+tradition is not required to be filed in court * it only needs to be recei ed by the requested state in accordance with PD %1</ 4ntitlement to ?ail As suggested by the use of the word Ccon iction!D the constitutional pro ision on bail! as well as Section 9 of 7ule %%9 of the 7ules of .ourt! applies only when a person has been arrested and detained for iolation of Philippine criminal laws. It does not apply to e+tradition proceedings! because e+tradition courts do not render "udgments of con iction or acquittal. 4+ception5 after a potential e+traditee has been arrested or placed under the custody of the law! bail may be applied for and granted only upon a clear and con incing showing :%; that! once granted bail! the applicant will not be a flight ris3 or a danger to the community> and :&; that there e+ist special! humanitarian and compelling circumstances including! as a matter of reciprocity! those cited by the highest court in the requesting state when it grants pro isional liberty in e+tradition cases therein. :Eo ernment of the )S s. -on. Purganan and Far3 8imene$ E.7. No. E.7. No. %98,=%. September &9! &11&; 10. Treat"ent of Alien% 1. E1TRADITION5 Is the situation of a person by one state to another where he is wanted for prosecution or if already con icted for punishment 2. DEPORTATION5is effected at the request of the state of origin deportation is the unilateral act of the local state. it is based on offenses generally committed in the state of origin base on causes arising in the local state.it calls for the return of the fugiti e of the state of origin 0. ?ASIS 6' 4G#7ADI#I6N5 a. Hwhen there is a treaty between the states of refuge and the state of origin b. H:note; in the absence of treaty the local state has e ery right to grant asylum to the fugiti e c. Hand to refuse to deli er him bac3 to his state 4. PRINCIPLE+ O: E1TRADITION2

HIs based on the consent of the state of asylum as e+pressed in a treaty or manifested as an act of goodwill. ;.PRINCIPLE O: +PECIALT,2 HA fugiti e who is e+tradited may be tried only for a crime specified in the request for e+tradition and included in the list of offenses in the e+tradition treaty. HAny person may be e+tradited whether he may be a national of the requesting state! of the state of refuge or of another state. <.E1CEPTION+5 political and religious offenders are generally not sub"ect to e+tradition =.RULE O: DOUBLE CRI>INALIT,2 Hthe act for which e+tradition is sought must be punishable in both the requesting and the requested states ?. PROCEDURE O: E1TRADITION2 1. the request for e+tradition is presented to diplomatic channels to the state of refuge 2. the request must be accompanied by the necessary papers relati e to the identity of the wanted> and the crime he is alleged to ha e committed or for which he is con icted 7. the state of refuge will conduct in estigation whether the crime is co ered by the e+tradition treaty 4. if there e+ist prima facie a warrant of surrenders will be drawn

PUBLIC AND PRIVATE INTERNATIONAL LAW 2014


Compiled by: Clint M. Maratas based on the syllabus of Atty. Chezie K. Demegillo

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10. International @u"an Ri.'t% La4 a. Uni-er%al De#laration of @u"an Ri.'t% AUD@RB !. International Con-enant on Ci-il an* Politi#al Ri.'t% AICCPRB #. International Co-enant on E#ono"i#%C +o#ial an* Cultural Ri.'t% *. 9eno#i*e e. Torture f. Ri.'t% of t'e C'il* .. Ri.'t% of >i.rant Wor5er% '. La4 a.ain%t Di%#ri"ination i. Refu.ee La4 a. Uni-er%al De#laration of @u"an Ri.'t% #he UD@R is the basic international statement of the inalienable and in iolable rights of human beings. It is the first comprehensi e international human rights instrument. Ri.'t% Co-ere* a. .i il and political rights b. 4conomic! social! and cultural rights )D-7 as .ustomary International Law 7ights co ered by )D-7 are customary international law! hence! e en during the times when the bill of rights under the .onstitution are inoperati e! rights under )D-7 remained in effect. 7epublic . Sandiganbayan IE.7. No. %19=<8. 8uly &%! &110J !. International Co-enant on Ci-il an* Politi#al Ri.'t% Ri.'t% 9uarantee*2 %. 7ight of the peoples to self2determination &. 7ight to an effecti e remedy 0. 4qual rights of men and women in the en"oyment of ci il and political rightsK non2 discrimination on the basis of se+ 9. 7ight to life ,. 'reedom from torture or cruel! inhuman or degrading punishment <. 'reedom from sla ery =. 7ight to liberty and security of person 8. 7ight to be treated with humanity in cases of depri ation of liberty /. 'reedom from imprisonment for failure to fulfill a contractual obligation %1. 'reedom of mo ement and the right to tra el %%. 7ight to a fair! impartial and public trial

%&. 'reedom from e+ post fact laws %0. 7ight of recognition e erywhere as a person before the law %9. 7ight to pri acy %,. 'reedom of thought! conscience! and religion %<. 'reedom of e+pression %=. 'reedom of peaceful assembly %8. 'reedom of association %/. 7ight to marry and found a family &1. 7ight of a child to protection! a name and nationality &%. 7ight to participation! suffrage! and access to public ser ice &&. 7ight to equal protection before the law &0. 7ight of minorities to en"oy their own culture! to profess and practice their religion and to use their own language. Nature of t'e O!li.ation% un*er ICCPR 6bligations under the I..P7 are both PO+ITIVE an* NE9ATIVE OBLI9ATION+. Positive Obligation to perform acts to protect rights of an indi idual and Negative Obligation to pre ent acts iolati e of rights. Non2Derogable 7ights %. 7ight to life &. 'reedom from torture or cruel! inhuman or degrading punishment 0. 'reedom from sla ery 9. 'reedom from imprisonment for failure to fulfill a contractual obligation ,. 'reedom from e+ post fact laws <. 7ight of recognition e erywhere as a person before the law =. 'reedom of thought! conscience! and religion 4 en in times of national emergency! no derogation can be made. La4ful Dero.ation Un*er ICCPR A state party to the I..P7 FAA D476EA#4 from the treaty in times of P)?LI. 4F47E4N.A which threatens the life of the nation. Such measures required by the e+igencies should N6# be IN.6NSIS#4N# with their other obligations under IN#47NA#I6NAL LA( and must not in ol e DIS.7IFINA#I6N solely on the ground of race! se+! religion etc. #. International Co-enant on E#ono"i#%C +o#ial an* Cultural a.7ights Euaranteed %. 7ight of self2determination &. 7ight to wor3 and accompanying rights thereto

PUBLIC AND PRIVATE INTERNATIONAL LAW 2014


Compiled by: Clint M. Maratas based on the syllabus of Atty. Chezie K. Demegillo

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0. 7ight to Social Security and other social rights 9. Adequate standard of li ing including5 ,. 7ight to adequate housing <. 7ight to adequate food =. 7ight to adequate clothing 8. 7ight to health /. 7ight to education %1. .ultural rights +tate Partie%D O!li.ation% In ICE+CR i. General Duties/ Obligations Of States %. RE+PECT 2 7efrain from interfering with en"oyment of rights. #hus! there is iolation if it engages in forced e iction. &. PROTECT Ane.ati-e o!li.ationB 2 Pre ent iolations by third parties. #hus! failure to ensure compliance by pri ate employers with basic labor standards iolates the right to wor3. 0. :UL:ILL A(o%iti-e o!li.ationB 2 #a3e appropriate measures :legislati e! "udicial etc.; towards the full reali$ation of the rights. #hus! the states@ failure to pro ide essential primary health care to the needy amounts to a iolation. ii. Specific Obligations nder Article !

which will be the ones declaring war. In the Philippines! the power to declare war is in the legislature while the power to ma3e war is in the e+ecuti e. a. International Armed .onflicts i. 8us Ad ?ellum2 use of armed force %. E4N47AL 7)L45 )nder Article &:9; of the )N .harter! all member States are bound to refrain from the #-74A# or )S4 of force against the territorial integrity or political independence of a State. a. 4+ception5 S4L'2D4'4NS4 AN#I.IPA#67A S4L' D4'4NS45 Article ,% of the )N .harter recogni$es the inherent right of states to self2defense if an armed attac3 occurs. .6LL4.#IL4 S4L' D4'4NS45 ?efore a state can be "ustified in assisting another by way of collecti e self 2 defense5 %.#he second state must bea attac3 ictim of an armed

&.#he second state must request from the first state military assistance S4L' D4'4NS4 . 8)S# (A7 #-467A 8)S# (A7 S4L'2 D4'4NS4 Permits only the use!6nce a state has a of force to put an alid reason for end to an armed resorting to force! attac3 and to any there is no limit on occupation of the e+tent of force territory or other which could be forcible iolation of employed. rights which may ha e been committed. c. Internal or Non2International Armed .onflict

%. #a3e steps to the ma+imum a ailable resources! towards the progressi e reali$ation of the rights in the co enant. &. Non2discrimination 2 States guarantee the e+ercise of the rights without discrimination. e. f. g. h. i. ". Eenocide #orture 7ights of the .hild 7ight of the Figrant (or3ers Law against Discrimination 7efugee Law

%%. International -umanitarian Law %. A7F4D .6N'LI.#S A7F4D .6N'LI.# e+ists if one party used force of arms against another party. '67 an armed conflict to be considered a war! hostilities must be preceded by a declaration of war or an ultimatum with a fi+ed limit. #his is rarely followed. )sually! it is the ictim of the first attac3

#hey are armed conflicts that ta3e place in the territory of a -igh .ontracting Party between its armed forces and dissident armed forces or other organi$es armed groups which! under responsible command e+ercise such control o er a part of its territory as to enable them to carry out sustained and concerted military operations. :Protocol II Definition 6f Internal Armed .onflict; -6(4L47! it does not include internal situations such as riots! isolated and sporadic acts of iolence! other acts of similar nature. P76#6.6L II requires control o er territory. 'or this reason! the Philippine2ND' conflict is not

PUBLIC AND PRIVATE INTERNATIONAL LAW 2014


Compiled by: Clint M. Maratas based on the syllabus of Atty. Chezie K. Demegillo

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guaranteed regard to en"oyment of rights afforded by this law with the the

go erned by Protocol II but the E4N4LA .6NL4N#I6N .6FF6N A7#I.L4 III which requires only minimum humanitarian protection :?ernas! PIL! p. 0%=;. d. (ar of National Liberation Armed conflicts in which people are fighting against colonial domination and alien occupation and against racist regimes in the e+ercise of their right of self2determination. #hose engaged in such a conflict recei e combatant status and are entitled to combatant rights and duties. :P76#6.6L I; &. P7IN.IPL4S 6N IN#47NA#I6NAL @U>ANITARIAN LAW a. Re$uire"ent for @u"anitarian Inter-ention %. #here are gra e and massi e human rights iolations &. #he other state is incapable or unwilling to meet the redress 0. #here is no other practical alternati e than to inter ene 9. #he action should be limited in time and scope. !. Treat"ent of Ci-ilian% Parties to a conflict shall at all times distinguish between the ci ilian population and combatants in order to spare ci ilian population and property. Neither the ci ilian population as such nor ci ilian persons shall be the ob"ect of attac3. Attac3s shall be directed only against military ob"ecti es. It is forbidden to 3ill or in"ure an enemy who surrenders or is hors de combat. .ollateral damage to a certain e+tent is allowed but it should not be e+cessi e. 8ournalists are protected as ci ilians pro ided that they ta3e no action ad ersely affecting their status as ci ilians. .ombatants are not entitled to the rights afforded to ci ilians. International -uman International 7ights Law -umanitarian Law Aimed at protecting the indi idual Non2discriminatory 4nsuring a minimum treatment to protection of ictims if e erybody at all times armed conflicts by :peacetime or outlawing e+cessi e warKuphea al; human suffering M material destruction in the light of military necessity (ider personal! Less egalitarian in temporal M materialnature! although non2 fields of applicability discrimination is

?oth will apply simultaneously in times international M non2international armed conflicts %&. Law of the Sea a. ?aselines b. Archipelagic States b.% Archipelagic ?aselines b.& Archipelagic (aters b. 0 Archipelagic Sea Lanes and Passage c. Internal (ater d. #erritorial Sea e. 4+clusi e 4conomic Nones f. .ontinental Shelf g. Settlement of Disputes a. Ba%eline% #erritory5

of

a.#erritorial Sea * belt of sea outwards from the baseline and up to %& nautical miles beyond. b.Internal (aters * all waters :part of the sea! ri ers! la3es! etc.; landwards from the baseline of the territory. So ereignty o er these waters is the same in e+tent as so ereignty o er land! and it is not sub"ect to the right of innocent passage. c. Ar#'i(ela.i# Water% * waters co ered by the straight baseline which are areas which had not pre iously been considered as such. d. Ba % 2 well2mar3ed indentation whose penetration is in such proportion to the width of its mouth as to contain landloc3ed areas and constitute more than a mere cur ature of the coast. An indentation shall not be regarded as a bay unless its area is as large as! or larger than! that of the semi2circle whose diameter is a line drawn across the mouth of that indentation. e. Conti.uou% &one * area of water not e+ceeding &9 nautical miles from the baseline. It thus e+tends %& nautical miles from the edge of the territorial sea. In the contiguous $one! the coastal State may e+ercise the control necessary to5 i. Pre ent infringement of its customs! fiscal! immigration! or sanitary laws and regulations within its territory or territorial sea>

PUBLIC AND PRIVATE INTERNATIONAL LAW 2014


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ii. Punish infringement of the abo e laws and regulations committed within its territory or territorial sea. f. E0#lu%i-e E#ono"i# Eone * an area e+tending not more than &11 nautical miles beyond the baseline. #he coastal State has rights o er the economic resources of the sea! seabed and subsoil * but the right does not affect the right of na igation and o erflight of other states. #he two primary obligations of coastal states are5 i.Proper conser ation and management measures that the li ing resources of the 44N are not sub"ected to o ere+ploitation> ii.Promote the ob"ecti e of Coptimum utili$ationD of the li ing resources. g. Continental %'elf * sometimes called the archipelagic or insular shelf which refers to5 i.the seabed and subsoil of the submarine areas ad"acent to the coastal state but outside the territorial sea! to a depth of &11 meters! or beyond that limit! to where the depth allows e+ploitation! and ii.the seabed and subsoil of areas ad"acent to islands h. -igh Seas * all parts of the sea that are not included in the territorial sea or in the internal waters of a State :Art. %! Eene a .on ention;. T'e 'i.' %ea% are %u!Fe#t to %i0 free*o"%2 i. 'reedom of na igation ii. 'reedom of o erflight iii. 'reedom of fishing i . 'reedom to lay submarine cables and pipelines . 'reedom to construct artificial islands and structures i. 'reedom of scientific research. >et'o*% u%e* in *efinin. t'e territorial %ea2 %.Normal baseline method )nder this method! the territorial sea is drawn from the low2water mar3 of the coast to the breadth claimed! following its sinuosities and cur atures but e+cluding the internal waters in bays and gulfs. &.Straight baseline method Straight lines are made to connect appropriate points on the coast without departing radically from its general direction. #he waters inside the lines are considered internal. #his method of drawing baselines for archipelagic states were first upheld in

the Anglo2Norwegian 'isheries .ase. #his is the method used by the Philippines in drawing baselines. So ereignty o er the territorial sea #he so ereignty of the coastal state o er its territorial sea and the airspace abo e it! and the seabed under it! is the same as its so ereignty o er its land territory. -owe er! the sea is sub"ect to the right of innocent passage by other states. 7ight of Innocent Passage Innocent passage is passage that is not pre"udicial to the peace! good order or security of the coastal state. #he rule on innocent passage applies to ships and aircrafts. Submarines must surface. -ot Pursuit -ot pursuit of a foreign essel where there is good reason to belie e that the ship has iolated laws or regulations of a coastal state. #he pursuit must commence when the foreign essel is within the internal waters! the archipelagic waters! the territorial waters or the contiguous $one of the pursuing state. It may continue into the high seas if the pursuit has not been interrupted. If the foreign ship is in the contiguous $one! it may be pursued only for iolations of the rights of the coastal state in the contiguous $one. -ot pursuit must stop as soon as the ship pursued enters the territorial waters if its own state or of a third state. It may be carried out only by warships or military aircraft! or any other ship or aircraft properly mar3ed for that purpose. %0. Law of Air and 6uter Space CONCEPT O: AIR +PACE a.#he e+ploration and use of outer space! including the moon and other celestial bodies! shall be carried out for the benefit and in the interests of all countries! irrespecti e of their degree of economic or scientific de elopment! and shall be the pro ince of all man3ind. b.6uter space! including the moon and other celestial bodies! shall be free from e+ploration and use by all States without discrimination of any 3ind! on a basis of equality and in accordance with international law! and there shall be free access to all areas of celestial bodies. c.6uter space! including the moon and other celestial bodies! is not sub"ect to national appropriation by claim of so ereignty! by means of use or occupation! or by any other means.

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d.Astronauts are en oys of man3ind in outer space! and states party to the #reaty on the 4+ploration and )se of 6uter Space shall render to them all possible assistance in the e ent of accident! distress! or emergency landing on the territory of another State party or on the high seas. (hen astronauts ma3e such a landing! they shall be safely and promptly returned to the State of registry on their space ehicle. 14.+ETTLE>ENT O: DI+PUTE+ AFI.A?L4 F4#-6DS 6' S4##L4F4N#

4+ample5 cutting off economic aid :this is lawful because there is no legal obligation to pro ide economic aid;. &.74P7ISAL 2 an act which would normally be illegal but which is rendered legal by a prior illegal act committed by the State against which the reprisal is directed> it is a form of retaliation against the prior illegal act. 7eprisals may be used only when other means of redress :e.g.! protests and warnings; ha e failed. 0.S4L47AN.4 :6' DIPL6FA#I. 74LA#I6NS; 2

%.N4E6#IA#I6N 2 discussion by the parties of their respecti e claims and counterclaims with a iew to the "ust and orderly ad"ustment. A preliminary step to negotiation might be Cgood officesD when a third party tries to bring & disputants together. &.F4DIA#I6N * assistance by third parties who either act as bridge between parties! who do not meet! or who may sit with the disputants to chair meetings! suggest solutions! ca"ole! etc. #he mediator must be appro ed by both parties. 0.INO)I7A * fact2finding done by a designated group of indi iduals or an institution. (hen underta3en with the consent of the parties! it frequently resol es disputes based solely on questions of fact. 9..6N.ILIA#I6N * parties agree to refer contro ersies to an indi idual! a group of indi iduals or an institution to ma3e findings of fact and recommendations. As a rule! parties do not agree to be bound by recommendations. As distinguished from mediation! the ser ices of the conciliator were solicited by the parties in dispute. ,.A7?I#7A#I6N 2 process by which the solution of a dispute is entrusted to an impartial tribunal usually created by the parties themsel es under a charter 3nown as the compromis. #he proceedings are essentially "udicial and the award is! by pre ious agreement! binding on the parties. <.8)DI.IAL F4#-6D5 If both State2parties consent! they can resort to the International .ourt of 8ustice to resol e the dispute. -6S#IL4KN6N2AFI.A?L4 F4#-6DS %.74#67SI6N 2 is a lawful act which is designed to in"ure the wrongdoing State.

6ne country cuts off all diplomatic ties with another! as a sign of protestKhostility. 9.NALAL ?L6.PAD4 2 ?loc3ing the ports of a country with na al forces. ,.4F?A7E62 Pre enting the ingress to and egress from a country of commercial and other goods> refusal by a state to underta3e commercial transactions with another state. Amicable Fethods of Settling Disputes5 :8. FA7E4N; %.Negotiation &.4nquiry 0.#ender of Eood offices 9.Fediation ,..onciliation <.Arbitration =.8udicial settlement> and 8.7esort to regional and international organi$ations. -ostile methods5 :SI7&; %.Se erance of dipomatic relations> &.Inter ention> 0.7eprisal> 9.7etorsion. Inter ention * act by which state interferes with domestic or foreign affairs of another state through the use of force or threat of force. (hen Inter ention is Sanctioned5 %.as an act of self2defense> &.when decreed by the Security .ouncil as a pre enti e or enforcement action for the maintenance of international peace and security> 0.when such action is agreed upon in a treaty> or 9.when requested from fellow states or from the )nited Nations by the parties to a dispute or a state beset by rebellion.

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Drago Doctrine * inter ention not allowed for purpose of ma3ing state pay its public debts. 7etorsion * retaliation where acts complained of do not constitute legal ground of offense but are rather in nature of unfriendly acts done in pursuance of legitimate state interest but indirectly hurtful to other states. 7eprisal * unlawful acts ta3en by one state in retaliation for also unlawful acts of another state! purpose being to bring offending state to terms. Includes5 %.Display of force> &.Pacific bloc3ade> 0.6ccupation of territory> and 9.Suspension of treaties> ,.4mbargo * detention by state see3ing redress of essels of offending state or its nationals! whether such essels are found in territory of former or in the highseas. %,.#he Law on (ar

<.3eep personal belongings =.proper burial> 8.group according to nationality> /.establishment of an information bureau> %1.repatriation for sic3 and wounded :%/9/ Eene a .on ention; #ermination of (ar5 %.simple cessation of hostilities> &.conclusion of a negotiated treaty of peace> and 0.defeat of one of belligerents. %<.Law of Neutrality Bcondition of state that does not ta3e part! directly or indirectly in war between other states. N4)#7ALI#A N4)#7ALINA#I6N

%. Barmed contention between public forces of states or other belligerent communities implying employment of force between parties for purpose of imposing their respecti e demands upon each other. ?asic Principles of (ar5 %.Principle of Filitary necessity * belligerents may employ any amount and 3ind of force to compel complete submission of enemy with least possible loss of li es! time and money> &.Principle of -umanity * prohibits use of any measure that is not absolutely necessary for purposes of war> and 0.Principle of .hi alry * basis of such rules as those that require belligerents to gi e proper warning before launching a bombardment or prohibit use of perfidy :treachery; in conduct of hostilities. Participants in (ar5 %..ombatants a. non2pri ileged> b. pri ileged. &.Spies> 0.Fercenaries. 7ights of a Prisoner of (ar5 %.#o be treated humanely> &.Not sub"ect to torture> 0.Allowed to communicate with their families> 9.7ecei e food! clothing! religious articles! medicine> ,.bare minimum of information> &.

dependent on %. result of treaty wherein attitude of neutral duration and other state! which is free conditions are agreed to "oin either of upon by neutrali$ed belligerents any time state and other states it sees fit go erned by laws of by nations neutrali$ation &. go erned

0. obtains only operate in war 9.

agreement during 0.

intended to

peace and in war only states may 9. applicable to portion of become neutral state

Angary * belligerent may upon payment of "ust compensation! sei$e! use or destroy! in case of urgent necessity for purposes of offense or defense

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neutral property found in its territory! in enemy territory or on high seas. %=.International 4n ironmental Law %.No state has the right to use or permit the use of its territory in such manner as to cause in"ury by fume in or to the territory of another or the properties or persons therein :#rail Smelter .ase;. &.#he right to de elopment must be fulfilled so as to equitably meet de elopmental and en ironmental needs of present and future generations. :Principle 0! 7io Declaration; 0.(arfare is inherently destructi e of sustainable de elopment. :Principle &9! 7io Declaration; 9.Fan has the fundamental right to freedom! equality and adequate conditions of life! in an en ironment of a quality that permits a life of dignity and well2being! and he bears a solemn responsibility to protect and impro e the en ironment for present and future generations. :Principle %! Stoc3holm Declaration; ,.'or the de eloping countries! stability of prices and adequate earnings for primary commodities and raw materials are essential to en ironmental management! since economic factors as well as ecological processes must be ta3en into account. :Principle %1! Stoc3holm Declaration; <.-uman beings are at the centre of concerns for sustainable de elopment. #hey are entitled to a healthy and producti e life in harmony with nature. :Principle %! 7io Declaration; =.#he Supreme .ourt recogni$es the rights of the unborn to a sustainable and healthy en ironment and recogni$ed Cinter2generational responsibility.D :6posa . 'actoran! 8r.; International En-iron"ental In%tru"ent%2 %.7io Declaration5 not a treaty &.Stoc3holm Declaration5 not a treaty 0.Articles %/&2%19 of the %/8& Law of the Seas5 prohibition on marine pollution 9.Lienna .on ention for the Protection of the 6$one Layer of %/8, ,.)nited Nations .onference on 4n ironment and De elopment <.Pyoto Protocol =..on ention on International #rade in 4ndangered Species of (ild 'auna and 'lora 8..on ention on ?iological Di ersity /.#reaty of 7ome of %/,=

%1.%//9 North American Agreement on 4n ironmental .ooperation %%.%//% Protocol on 4n ironmental Protection to the Antarctic #reaty of %//% %&.Ama$on Declaration of %/8/. Precautionary Principle or the duty to pre ent transboundary harm consists of5 %.Duty to inform &.Duty of consultation 0.Duty to analy$e the ris3s of transboundary en ironmental impact %8.International .riminal Law International criminal law is a body of international law designed to prohibit certain categories of conduct commonly iewed as serious atrocities and to ma3e perpetrators of such conduct criminally accountable for their perpetration. Principally! it deals with genocide! war crimes! crimes against humanity! as well as the crime of aggression. International Cri"inal Court #he International .riminal .ourt :'rench5 .our PQnale Internationale> commonly referred to as the I.. or I..t;I&J is a permanent tribunal to prosecute indi iduals for genocide! crimes against humanity! war crimes! and the crime of aggression :although it cannot currently e+ercise "urisdiction o er the crime of aggression;.I0JI9J #he courtRs creation perhaps constitutes the most significant reform of international law since %/9,. It gi es authority to the two bodies of international law that deal with treatment of indi iduals5 human rights and humanitarian law. It came into being on 8uly %! &11&Sthe date its founding treaty! the 7ome Statute of the International .riminal .ourt! entered into forceI,JS and it can only prosecute crimes committed on or after that date.I<J #he courtRs official seat is in #he -ague! Netherlands! but its proceedings may ta3e place anywhere.I=J As of Fay &1%0! %&& statesI8J are states parties to the Statute of the .ourt! including all of South America! nearly all of 4urope! most of 6ceania and roughly half the countries in Africa.I/J A further 0% countries!I8J including 7ussia! ha e signed but not ratified the 7ome Statute.I/J #he law of treaties obliges these states to refrain from Cacts which would defeat the ob"ect and purposeD of the treaty until they declare they do not intend to become a party to the treaty.I%1J #hree of these statesSIsrael! Sudan and the )nited StatesSha e informed the

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)N Secretary Eeneral that they no longer intend to become states parties and! as such! ha e no legal obligations arising from their former representati esR signature of the Statute.I/JI%%J 9% )nited Nations member statesI8J ha e neither signed nor ratified or acceded to the 7ome Statute> some of them! including .hina and India! are critical of the .ourt. I%&JI%0J 6n &% 8anuary &11/! the Palestinian National Authority formally accepted the "urisdiction of the .ourt.I%9J 6n 0 April &1%&! the I.. Prosecutor declared himself unable to determine that Palestine is a TstateT for the purposes of the 7ome Statute and referred such decision to the )nited Nations.I%,J 6n &/ No ember &1%&! the )nited Nations Eeneral Assembly oted in fa our of recognising Palestine as a non2member obser er state.I%<J #he court can generally e+ercise "urisdiction only in cases where the accused is a national of a state party! the alleged crime too3 place on the territory of a state party! or a situation is referred to the court by the )nited Nations Security .ouncil.I%=J It is designed to complement e+isting national "udicial systems5 it can e+ercise its "urisdiction only when national courts are unwilling or unable to in estigate or prosecute such crimes.I%8JI%/J Primary responsibility to in estigate and punish crimes is therefore left to indi idual states. I&1J #o date! the .ourt5has opened in estigations into eight situations in Africa5 the Democratic 7epublic of the .ongo> )ganda> the .entral African 7epublic> Darfur! Sudan> the 7epublic of Penya> the Libyan Arab 8amahiriya> the 7epublic of .Ute dRI oire and Fali.I&%J 6f these eight! four were referred to the .ourt by the concerned states parties themsel es :)ganda! Democratic 7epublic of the .ongo! .entral African 7epublic and Fali;! two were referred by the )nited Nations Security .ouncil :Darfur and Libya; and two were begun proprio motu by the Prosecutor :Penya and .Ute dRI oireI&&J;. Additionally! by Power of Attorney from the )nion of the .omoros! a law firm referred the situation on the .omorian2flagged FL Fa i Farmara essel to the .ourt! prompting the Prosecutor to initiate a preliminary e+amination. It publicly indicted 0& people. #he I.. has issued arrest warrants for &0 indi iduals and summonses to nine others. 'i e persons are in detention. Proceedings against &9 are ongoing5 ten are at large

as fugiti es> four ha e been arrested! but are not in the .ourtRs custody :including one who is appealing an order referring the case against him to national authorities;> four are in the pre2trial phase> another four are at trial> one is appealing his sentence> and one indi idualRs acquittal is being appealed by the prosecution. Proceedings against eight ha e been completed5 four ha e had the charges against them dismissed! one has had the charges against him withdraw! and three ha e died before trial. As of Farch &1%%! three trials against four people are underway5 two trials regarding the situation in the Democratic 7epublic of the .ongo and one trial regarding the .entral African 7epublic. Another two people ha e been committed to a fourth trial in the situation of Darfur! Sudan. 6ne confirmation of charges hearing :against one person in the situation of the D7 .ongo; is to start in 8uly &1%% while two new cases :against a total of si+ persons in the situation of Penya; will begin with the suspectsR first appearances in April &1%%. %/.International Law Against #errorism In international law! it is difficult to criminali$e terrorism because of the difficulty in defining the prohibited act. #he draft definition :at the International .on ention for the Suppression of the 'inancing of #errorism is as follows5 An act done by any person intended to cause :a; death or serious bodily in"ury to any person! or :b; serious damage to a State or Eo ernment facility with intent to cause e+tensi e destruction of such a place! facility or system! or where such destruction results or is li3ely to result in ma"or economic loss! when the purpose of such an act is to intimidate a population or to compel a Eo ernment or an international organi$ation to do or abstain from doing any act. &1.Public Practice in International Law