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Political Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007


PUBLIC INTERNATIONAL LAW
THE NATURE OF INTERNATIONAL LAW

b. Custom General and consistent


practice of states followed by them from
a sense of legal obligation. 2 Elements:

International Law Set of rules and principles that


governs the relationships between States and other
international actors which under Modern International
Law
includes
International
Organizations,
Transnational Corporations and Individuals.

i.

ii.
Distinction between a subject and object of
international law
1. Subject - An entity that has rights and
responsibilities under international law; it can
be a proper party in transactions involving
the application of international law among
members of the international community.
2. Object - A person or thing in respect of
which rights are held and obligations
assumed by the subject; it is not directly
governed by the rules of international law; its
rights are received, and its responsibilities
imposed,
indirectly
through
the
instrumentality of an international agency.
NOTE: Given the trend in International Law today,
with the birth of the ICC and Arbitration Courts, the
line between a Subject and Object of International is
increasingly being blurred.
Divisions of International Law
1. Laws Of Peace- governs the normal
relations of States
2. Laws Of War - rules during periods of
hostility
3. Laws Of Neutrality- rules governing States
not involved in the hostilities
SOURCES OF INTERNATIONAL LAW
Article 38 of the Statute of the International Court
of Justice (ICJ).
1. Primary
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a. Treaty TIFF
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Generally, a treaty only binds the parties.
However, treaties may be considered a
direct source of Int'l law when concluded
by a sizable no. of States, and is
reflective of the will of the family of
nations (in which case, a treaty is
evidence of custom).

c.

State Practice a consistent and


uniform external conduct of States.
Generally, both what states say and
what they do are considered state
practice.
Opinio Juris - State practice must
be accompanied with the conviction
that the State is legally obligated to
do so by int'l law, and not through
mere courtesy or comity, or
because
of
humanitarian
considerations.

General Principles Of Law - Principles


common to most national systems of law;
rules based on natural justice. Ex. good
faith, estoppel, exhaustion of local
remedies

2. Secondary
a. Judicial Decisions - a subsidiary means
for the determination of rules of law (e.g.,
determining what rules of customary IL
exist) that is acceptable so long as they
correctly interpret and apply int'l law.
NOTE: Even decisions of national courts, when
applying int'l law, are acceptable. Ex. Principles
on diplomatic immunity have been developed by
judgments of national courts.
b. Teachings Of The Most Highly
Qualified Publicists -- The word
'Publicist' means 'learned writer.' Learned
writings, like judicial decisions, can be
evidence of customary law, and can also
play a subsidiary role in developing new
rules of law.
Requisites for Highly Qualified Publicist
1. Fair and impartial representation of law.
2. By an acknowledged authority in the field.
Q: What is 'INSTANT' CUSTOM?
A: Customary law may emerge even within a
relatively short period of time, if within that period,
State Practice has been uniform and extensive. It
comes about as a spontaneous activity of a great
number of states supporting a specific line of action.

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TREATIES
A treaty is an International Agreement in written form
concluded between States that may be embodied in
one or more instrument, and is governed by
International Law. (Art. 2, Vienna Convention on the
Law of Treaties).
Q: If not in writing, is it still considered a treaty?
A: Yes. Oral agreements between States are
recognized as treaties under customary international
law (but are extremely rare nowadays).
1. Difference between Treaty and Executive
Agreement
TREATY
EXECUTIVE
AGREEMENT
S [CODE: PCI]
[CODE: TAAI]
U 1. Political Issues 1. Have Transitory
B 2. Changes in
effectivityAdjustment
National Policy
J
of details carrying
E 3. Involve
out well-established
international
C
national policies and
arrangements
T
traditions
of a permanent 3. Arrangements of
character
M
temporary nature
A
4. Implementation of
T
treaties, statutes,
T
well-established
E
policies
R
R
a
t
i
f
i
c
a
t
i
o
n

While the
Constitution vests
the power to
NEGOTIATE
treaties with the
President, such
must be RATIFIED
by the 2/3 of the
Senate to become
valid and effective
(Art.7, Sec 21)

Do not need to be
ratified by the Senate

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2. Principal Rulesare needed
of toInternational
Connection to Treaties

Law

in

a. Pacta Sunt Servanda All parties to a


Treaty must comply with their Treaty
Obligation in Good Faith.
NOTE: A state can avoid PERFORMANCE if the
treaty obligation collides with its Constitution, but it
CANNOT escape LIABILITY it may incur as a result
of such non-performance.

b. Rebus Sic Stantibus - A party is not bound


to perform a treaty if there has been a
fundamental change of circumstances since
the treaty was concluded.
i. Described as the exception to the rule of
pacta sunt servanda.
ii. justifies the non-performance of a treaty
obligation if the subsequent condition in
relation to which the parties contracted
has changed so materially and
unexpectedly as to create a situation in
which the exaction of performance would
be unreasonable.
iii. Rebus sic stantibus may not be invoked
as a ground for terminating or
withdrawing from a treaty:
a. if the treaty establishes a boundary
b. if the 'fundamental change' is the
result of a breach by the party
invoking it of an obligation under the
treaty or of any other obligation owed
to any other party to the treaty.
c. Jus Cogens - a rule which has the status of
a
preemptory
(i.e.,
absolute,
uncompromising) norm of international law
where no derogation may be permitted.
Elements:
i. a norm accepted and recognized
ii. by the int'l community of States as a
whole
iii. as a norm from which no derogation is
permitted.
iv. It can only be modified by a subsequent
norm having the same character.
If a treaty, at the time of its
conclusion, conflicts with jus cogens, it is
void.
Examples:
1. prohibition against the unlawful use of force;
2. prohibition against piracy, genocide, and
slavery
Steps in treaty-making process:
1. Negotiation;
2. Signature;
3. Ratification;
4. Exchange of Instruments of Ratification;
5. Registration with UN.
Reservation
A unilateral statement made by a State when signing,
ratifying, accepting, approving or acceding to a treaty,
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whereby it purports to exclude or to modify the legal
effects of certain provisions of the treaty in their
application to that State.
Invalidity of treaties: Grounds
1. Error of fact
2. Fraud
3. Corruption
4. Duress
5. Jus cogens
Termination Of Treaty
1. Expiration of term;
2. Accomplishment of purpose;
3. Impossibility of performance;
4. Loss of subject matter;
5. Novation;
6. Desistance of parties;
7. Extinction of one of parties, if treaty is
bipartite;
8. Occurrence
of
vital
change
of
circumstances;
9. Outbreak of war; and
10. Voidance of treaty.
Succession to treaties: the Clean Slate rule
When one state ceases to exist and is succeeded by
another on the same territory, the newly independent
state is not bound to maintain in force, or become a
party to, any treaty although it may agree to be bound
by treaties made by its predecessor.
INTERNATIONAL LAW AND MUNICIPAL LAW
Effect of Municipal Law in International Law
2 Theories:
1. Dualism domestic and international law
are independent of each other, as they
regulate different subject matters.
IL
regulates the relations of sovereign states,
while municipal law regulates the internal
affairs of a state. Thus, no conflict can ever
arise between international and municipal
law, because the two systems are mutually
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only because it has been expressly
incorporated by municipal law.
The
Philippines is a dualist state.
2. Monism Monists have a unitary concept
of law and see all law including both
international and municipal law as an
integral part of the same system. If conflict
exists between international law and
municipal law, international law must
prevail. Germany is a monist state.

2 Views:
1. Doctine Of Incorporation - rules of
international law form part of the law of the
land and no further legislative action is
needed to make such rules applicable in the
domestic sphere.
a. Such is recognized in art. 2, sec. 2, as
the Philippines "adopts the generally
accepted principles of international law
as part of the law of the land."
b. Rules of international law are given
equal standing with, but are not superior
to, national legislative enactments.
Thus, the Constitution, as the highest
law of the land, may invalidate a treaty
in conflict with it. (Secretary of Justice v.
Hon. Lantion and Mark Jimenez, Jan.
18, 2000)
2. Doctrine Of Transformation - the generally
accepted rules of int'l law are not per se
binding upon the State but must first be
embodied in legislation enacted by the
lawmaking body and so transformed into
municipal law. Only when so transformed
will they become binding upon the State as
part of its municipal law.
In case of conflict between international law and
domestic law:
1. International rule: Before an international
tribunal, a state may not plead its own law
as an excuse for failure to comply with
international law. The state must modify its
laws to ensure fulfillment of its obligations
under the treaty, unless the constitutional
violation is manifest and concerns a rule of
internal law of fundamental importance.
2. Municipal rule: When the conflict comes
before a domestic court, domestic courts
are bound to apply the local law. Should a
conflict arise between an international
agreement and the Constitution, the treaty
would not be valid and operative as
domestic law. It does not, however, lose its
character as international law.
SUBJECTS OF INTERNATIONAL LAW
State
Elements of a state:
Art. 1, Montevideo Convention:
1. a permanent population;
2. a defined territory;
3. government;
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4. capacity to enter into relations with other
States
Distinctions
Between
Sovereignty
And
Independence
1. SOVEREIGNTY is the broader term. It
refers to the supreme and uncontrollable
power inherent in the State by which such
State is governed. It has 2 aspects:
a. INTERNAL- freedom of the State to
manage its own affairs.
b. EXTERNAL- freedom of the State to
direct its foreign affairs.
2. INDEPENDENCE is synonymous with
external sovereignty. It is defined as the
power of a State to manage its external
affairs without direction or interference from
another State.
Principles Of State Succession
1. State Succession is the substitution of one
State by another, the latter taking over the
rights and some of the obligations of the
former.
2. 2 types of State Succession:
a. Universal- takes place when a State is
completely annexed by another, or is
dismembered or dissolved, or is created
as a result of merger of 2 or more
States.
b. Partial - takes place when a portion of
the territory of a State loses part of its
sovereignty by joining a confederation
or becoming a protectorate or
suzerainty.
3. Effects of State Succession
a. The allegiance of the inhabitants of the
predecessor State is transferred to the
successor State.
b. The political laws of the predecessor
State are automatically abrogated but
the non-political laws are deemed
continued unless expressly repealed or
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sovereign.
c. The public property of the predecessor
State is acquired by the successor State
but not the tort liability of the former.
d. Treaties
entered
into
by
the
predecessor State are not considered
binding on the successor State except
those dealing with local rights and
duties such as servitudes and
boundaries.

Succession Of Government
1. In succession of government, the integrity of
the original State is not affected as what
takes place is only a change in one of its
elements, the government.
2. Effects of a change in government:
a. If effected by peaceful means, the new
government inherits all rights and
obligations of the old government.
b. If effected by violence, the new
government inherits all the rights of the
old government. However, the new
government may reject the obligations
of the old government if they are of a
political complexion. If the obligations
are the consequence of the routinary act
of administration of the old government,
they should be respected.
Territory
1. Methods used in defining the territorial sea
2. Normal baseline method
Under this method, the territorial sea is
drawn from the low-water mark of the coast
to the breadth claimed, following its
sinuosities and curvatures but excluding the
internal waters in bays and gulfs.
3. Straight baseline method
Straight lines are made to connect
appropriate points on the coast without
departing radically from its general direction.
The waters inside the lines are considered
internal.
4. Some modes of acquisition:
a. Cession
It is a derivative mode of acquisition
by which territory belonging to one state
is transferred to the sovereignty of
another state in accordance with an
agreement between them.
b. Subjugation
It is a derivative mode of acquisition
by which the territory of one state is
conquered in the course of war and
thereafter annexed and placed under
sovereignty of the conquering state.
c. Prescription
It is a derivative mode of acquisition
by which territory belonging to one state
is transferred to the sovereignty of
another state by reason of the adverse
and uninterrupted possession thereof by
the latter for a sufficiently long period of
time.
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RIGHT OF LEGATION
1. It is the right of a state to maintain diplomatic
relations with other states.
2. Types:
a. Active- right to send diplomatic
representatives
b. Passive- right to receive diplomatic
representatives
Functions of Diplomatic Missions:
representing sending state in receiving state;
protecting in receiving state interests of
sending state and its nationals;
negotiating with government of receiving
state;
promoting friendly relations between sending
and receiving states and developing their
economic, cultural, and scientific relations;
ascertaining by all lawful means conditions
and developments in receiving state and
reporting thereon to government of sending
state; and
in some cases, representing friendly
governments at their request.
Diplomatic and Consular immunity
1. personal inviolability
2. immunity of embassy and legation buildings
3. right of protection
4. extraterritoriality- exemption from local
jurisdiction on the basis of international
custom
5. exemption from taxes and personal services
6. inviolability of means of communication
7. Diplomatic bag- immune from search
PRINCIPLES OF JURISDICTION OF STATES
1. Territoriality principle: The fundamental
source of jurisdiction is sovereignty over
territory. A state has absolute, though not
necessarily exclusive, power to prescribe,
adjudicate, and enforce rules for conduct
within its territory.
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jurisdiction over its nationals even when
those nationals are outside the state.
3. Protective principle: A state may exercise
jurisdiction over conduct outside its territory
that threatens its security, as long as that
conduct is generally recognized as criminal
by the states in the international community.
4. Universality principle: Recognizes that
certain offenses are so heinous and so
widely condemned that any state, if it

captures the offender, may prosecute and


punish that person on behalf of the world
community regardless of the nationality of the
offender or victim or where the crime was
committed.
5. Passive personality principle: A state may
apply law particularly criminal law to an
act committed outside its territory by a
person not its national where the victim of the
act was its national.
This principle has not been ordinarily
accepted for ordinary torts or crimes, but is
increasingly accepted as applied to terrorist
and other organized attacks on a states
nationals by reason of their nationality, or to
assassination of a states diplomatic
representatives of other officials.
Some Incomplete Subjects Of International Law
1. PROTECTORATES dependent states
which have control over their internal affairs
but whose external affairs are controlled by
another state.
2. FEDERAL STATE union of previously
autonomous entities. The central organ will
have personality in international law, but the
extent of the international personality of the
component entities can be a problem.
3. MANDATED AND TRUST TERRITORIES
territories placed by the League of Nations
under one or other of the victorious allies of
WWI.

STATE RESPONSIBILITY
1. It is the doctrine which holds a state
responsible for any injury sustained by an
alien within its jurisdiction. Because of an
international wrong imputable to it, the state
will be responsible if it is shown that it
participated in the act or omission
complained of or was remiss in redressing
the resultant wrong.
2. Elements of State Responsibility
a, breach of an international obligation
b, attributability
3. Types of State responsibility
a, Direct responsibility-attaches to the
state if the wrongful act/omission was
effected through any of its superior
organs acting on its behalf

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b, Indirect responsibility- Acts of the
following are attributable to the state:
i, state organs
ii, other persons exercising elements of
governmental authority in the absence
or default of the official authorities and
in circumstances calling for the
exercise of those elements of
authority
iii, insurrectional or other movement
which becomes the new government
4. Conditions for the enforcement of the
doctrine of state responsibility
a, The injured alien must first exhaust all
local remedies
b, He must be represented in the int'l Claim
for damages by his own state (ordinarily,
individuals have no standing to bring a
claim before international law).
SETTLEMENT OF DISPUTES
AMICABLE METHODS
1. NEGOTIATION- discussion by the parties of
their respective claims and counterclaims
with a view to the just and orderly
adjustment.
2. INQUIRY - an investigation of the points in
question with the view that this will contribute
to the solution of the problem
3. GOOD OFFICES - method by which a 3rd
party attempts to bring the disputing states
together in order that they may be able to
discuss the issues in contention.
4. MEDIATION- 3rd party actively participates
in the discussion in order to reconcile the
conflicting claims. Suggestions of mediator
are merely persuasive
5. CONCILIATION- 3rd party also actively
participates in order to settle the conflict.
Suggestions of conciliator are also not
binding. As distinguished from mediation,
the services of the conciliator were solicited
by the parties in dispute.
6. ARBITRATION- process by which the
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impartial tribunal usually created by the
parties themselves under a charter known as
the compromis.
The proceedings are
essentially judicial and the award is, by
previous agreement, binding on the parties

Ex.: cutting off economic aid (this is lawful


because there is no legal obligation to
provide economic aid).
2. REPRISAL - 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.
3. Reprisals may be used only when other
means of redress (e.g. protests and
warnings) have failed.
4. SEVERANCE
(OF
DIPLOMATIC
RELATIONS)- One country cuts of
all
diplomatic ties with another, as a sign of
protest/hostility.
5. NAVAL BLOCKADE- Blocking the ports of a
country with naval forces.
6. EMBARGO- Preventing the ingress to and
egress from a country of commercial and
other goods; refusal by a state to undertake
commercial transactions with another state.
SPECIAL TOPICS
Extradition
1. EXTRADITION is the surrender of a person
by one state to another state where he is
wanted for prosecution or, if already
convicted, for punishment.
2. Basis of Extradition: a treaty. Outside of
treaty, there is no rule in international law
compelling a State to extradite anyone. Such
may be done, however, as a gesture of
comity.
3. Principles:
a. Principle of Specialty - a fugitive who is
extradited may be tried only for the crime
specified in the request for extradition
and such crime is included in the list of
extraditable offenses in the treaty.
b. Under the Political offense exception,
most extradition treaties provide that
political and religious offenders are not
subject to extradition.
Attentant Clause- assassination
of head of state or any member of his
family is not regarded as political offense
for purposes of extradition. Also for the
crime of genocide.
c. There can only be extradition if there is a
treaty between the states.

HOSTILE/NON-AMICABLE METHODS
1. RETORSION - is a lawful act which is
designed to injure the wrongdoing State.
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4. PROCEDURE FOR EXTRADITION: (Judicial
and diplomatic process of request and
surrender) PD 1069
a. Request
through
diplomatic
representative with:
b. DFA forwards request to DOJ
c. DOJ files petition for extradition with
RTC,
d. RTC issues summons or warrant of
arrest to compel the appearance of the
individual;
e. hearing (provide counsel de officio if
necessary)
f. appeal to CA within 10 days whose
decision shall be final and executory;
g. decision forwarded to DFA through the
DOJ;
h. Individual placed at the disposal of the
authorities of requesting state-costs and
expenses t be shouldered by requesting
state.

by the Bill of Rights. The process of extradition does


not involve the determination of the guilt or innocence
of an accused. His guilt or innocence will be
adjudged in the court of the state where he will be
extradited. There is NO deprivation of the right to due
process.
Dissent (original decision): Under the extradition
treaty, the prospective extraditee may be
provisionally arrested pending the submission of the
request. Because of this possible consequence, the
evaluation process is akin to an administrative
agency conducting an investigative proceeding, and
partakes of the nature of a criminal investigation.
Thus, the basic due process rights of notice and
hearing are indispensable.
Assuming that the extradition treaty does not
allow for such rights, the Constitutional right to
procedural due process must override treaty
obligations.
When there is a conflict between
international law obligations and the Constitution, the
Constitution must prevail.

Q: The Philippines entered into an extradition


treaty with another country which provided that it
would apply crimes committed before its
effectivity. The country asked the Philippines to
extradite X for a crime committed before the
effectivity of the treaty. X argued the extradition
would violate the prohibition against ex post
facto laws. Is he right?

United Nations Organs


1. GENERAL ASSEMBLY
Composition: All members of the UN (as of
1996: 185 member States)
Function: The GA may discuss any question
or matter within the scope of the Charter or relating to
the powers and functions of any other organ. It is
also vested with jurisdiction over matters concerning
internal machinery and operations of the UN.
2. SECURITY COUNCIL
Composition: 15 members:
a. 5 Permanent Members (China, France,
UK, US, Russia)
b. 10 non-permanent: elected for 2 year
terms by the General Assembly.
Function: the maintenance of international
peace and security.

A: No. The constitutional prohibition applies to penal


laws only. The extradition treaty is not a penal law.
(Wright v. CA, 235 SCRA 341)
SECRETARY OF JUSTICE V. HON. LANTION AND MARK
JIMENEZ (G.R. # 139465, Oct. 17, 2000, overturning
the Courts previous decision in 322 SCRA 160 dated
Jan. 18, 2000)
By virtue of an extradition treaty between the
US and the Philippines, the US requested for the
extradition of Mark Jimenez for violations of US tax
and election laws.
Pending evaluation of the
extradition documents by the Philippine government,
Jimenez requested for copies of the US' extradition
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ISSUE: During the evaluation stage of the extradition
proceedings, is private respondent entitled to the two
basic due process rights of notice and hearing?

Q: What is the "double veto"?


A:
In all non-procedural matters, each permanent
member is given a 'veto' - a Security Council decision
is ineffective if even one permanent member votes
against it. The veto does not ordinarily apply to
Procedural matters. However, a permanent member
may exercise a 'double veto' when it vetoes any
attempt to treat a question as procedural, and then
proceed to veto any draft resolution dealing with that
question.

HELD: Private respondent is bereft of the right to


notice and hearing during the evaluation stage of the
extradition process. Extradition is a proceeding sui
generis. It is not a criminal proceeding which will call
into operation all the rights of an accused guaranteed

1. SECRETARIAT - CHIEF ADMINISTRATIVE ORGAN


OF THE UN
2. ECONOMIC AND SOCIAL COUNCIL - organ
charged with promoting social progress and
better standards of life in larger freedom

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3. TRUSTEESHIP COUNCIL - organ charged with
administration of Int'l Trusteeship System.
4. INTERNATIONAL COURT OF JUSTICE - judicial
organ of the UN.

functions. In the Philippines, immunity is claimed by


request of the foreign state for endorsement by the
Department of Foreign Affairs. The determination by
the executive department is considered a political
question that is conclusive upon Philippine Courts.

Use Of Force
1. Under Article 2(4) of the UN Charter, all
member States are bound to refrain from the
threat or use of force against the territorial
integrity or political independence of a State.
Recognized exceptions:
a) self-defense
b) military action taken or authorized by the
UN or competent Regional organizations
(such as NATO).- collective self- defense

International Contracts
Usually, agreements between States and foreign
corporations contain stipulations as to which national
legal system governs the contract. Occasionally,
however, in case of powerful multinational
companies, such contracts are placed not under any
single system of municipal law, but under
international law, general principles of law, or the
provisions of the contract itself.

2. Requirement of proportionality in the use of


force
3. Aggression- as used in international law
means the use of armed force by a state
against the sovereignty, territorial integrity or
political independence of another state, or in
army other manner inconsistent with the
charter of the UN.
Types:
direct
indirect- ideological agression
Calvo Clause
It is a provision inserted in contracts, in which the
foreigner agrees in advance not to seek the
diplomatic protection of his national State.
In general, International Courts have disregarded
such clauses, as the right to diplomatic protection is a
right which belongs to a State, and waiver from an
individual does not bind his State.
State Immunity (Jure Imperii And Jure Gestionis)
Originally, under customary international law the
doctrine of absolute state immunity applied, covering
all areas of State activity and recognizing only very
narrow exceptions.
Nowadays, the rule is to adopt
a doctrine of
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foreign States only in respect of their governmental
acts (acts jure imperii), not in respect of their
commercial acts (acts jure gestionis).
Diplomatic Immunity
Diplomatic Immunity is a principle of customary
international law that grants immunity to diplomatic
representatives, in order to uphold their dignity as
representatives of their respective states and to allow
them free and unhampered exercise of their

The reason for concluding these so-called


internationalized contracts is to establish a balance
between the parties and prevent the State party from
evading its obligations under the contract by
changing its own internal law. This is mostly secured
by an arbitration clause referring disputes under the
agreement to an international body.
The international court of justice
1. "Optional Clause" of the ICJ:
As a rule, the ICJ can operate only on
the basis of the consent of States to its
jurisdiction. Such may take the form of a
special agreement between States to
submit an existing dispute before the Court
(i.e. compromis).
However, under the 'optional clause'
(art. 36(2), ICJ Statute), a State may declare
in advance that they recognize the
jurisdiction of the Court as compulsory ipso
facto and without need of special agreement,
in relation to any other State accepting the
same obligation, in all legal disputes
concerning:
a. the interpretation of a treaty;
b. any question of international law
c. existence of any fact which, if
established, would constitute breach of
international obligation; and
d. nature or extent of reparation to be made
for breach of international obligation.
2. STARE DECISIS does not apply to the ICJ.
Under the statute of the Court, previous
decisions have no binding force; in practice,
however, the Court always takes past
decisions into account.

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Q: What does it mean to decide a case EX
AEQUO ET BONO?
A: It is to rule in justice and fairness -- equity
overrides all other rules of law. The ICJ has no power
to decide a case ex aequo et bono, unless all parties
agree thereto [art. 38(2), ICJ Statute].
Q: Who has standing before the ICJ?
A: Only States may be parties in contentious
proceedings before the ICJ (art 34, ICJ Statute).
Outer Space
1. The exploration 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,
irrespective of their degree of economic or
scientific development, and shall be the
province of all mankind.
2. Outer space, including the moon and other
celestial bodies, shall be free from
exploration and use by all States without
discrimination of any kind, on a basis of
equality and in accordance with international
law, and there shall be free access to all
areas of celestial bodies.
3. Outer space, including the moon and other
celestial bodies, is not subject to national
appropriation by claim of sovereignty, by
means of use or occupation, or by any other
means.
4. Astronauts are envoys of mankind in outer
space, and states party to the Treaty on the
Exploration and Use of Outer Space shall
render to them all possible assistance in the
event of accident, distress, or emergency
landing on the territory of another State party
or on the high seas. When astronauts make
such a landing, they shall be safely and
promptly returned to the State of registry on
their space vehicle.

2. Principle of Humanity- prohibits use of any


measure that is not absolutely necessary for
purposes of war; and
3. principle of Chivalry- basis of such rules as
those that require belligerents to give proper
warning before launching a bombardment or
prohibit use of perfidy (treachery) in conduct
of hostilities.
RIGHTS OF PRISONERS OF WAR
1. to be treated humanely;
2. not subject to torture;
3. allowed to communicate with their families
4. receive food, clothing religious articles,
medicine;
5. bare minimum of information;
6. keep personal belongings
7. proper burial;
8. group according to nationality;
9. establishment of an informed bureau;
10. repatriation for sick and wounded (1949
Geneva Convention)

WAR
Armed contention between public forces of states or
other belligerent communities implying employment o
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purpose of imposing their respective demands upon
each other.
BASIC PRINCIPLES OF WAR:
1. Principle of Military Necessity- belligerents
may employ any amount and kind of force to
compel complete submission of enemy with
least possible loss of lives, time, and money.

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11. LAW ON HUMAN RIGHTS
UNIVERSAL DECLARATION OF HUMAN RIGHTS
What is the Universal Declaration of Human
Rights (UDHR)?
The UDHR is the basic international statement of the
inalienable and inviolable rights of human beings. It is
the first comprehensive international human rights
instrument.
What are the rights covered by the UDHR?
The UDHR proclaims two broad category of rights:
(a) civil and political rights; and (b) economic, social,
and cultural rights.
Are these rights subject to limitations?
Yes, the exercise of these rights and freedoms may
be subject to certain limitations, which must be
determined by law, only for the purpose of securing
due recognition and respect for the rights of others
and of the meeting the just requirements of morality,
public order and the general welfare in a democratic
society. Rights may not be exercised contrary to the
purposes and principles of the UN. (Article 29 of the
UDHR)
International Covenant on Economic, Social, and
Cultural Rights ( ICESCR)
What are the rights guaranteed by the Covenant?
1. Right of self-determination (Art. 1)
2. Right to work and accompanying rights
thereto (Arts. 6, 7, 8)
3. Right to Social Security and other social
rights (Arts. 9& 10)
4. Adequate standard of living (Art. 11 (1))
including: (a) right to adequate housing (Art.
11 (1)); (b) right to adequate food (Art. 11 (1).
11 (2)); (c) Right to adequate clothing (Art. 11
(1)
5. Right to health (Art. 12)
6. Right to education (Arts. 13 &14)
7. Cultural rights (Art. 15)
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Covenant?
1. Specific Obligations under Article 2
To take steps ti the maximum
available resources, towards the progressive
realization of the rights in the covenant;
Non-discrimination- states guarantee
the exercise of the rights without
discrimination (Art. 2 [2]).

2. Three General duties/ obligations of states:


Just like the ICCPR and other human rights
conventions, ESCR imposes three different
types of obligations:
a. To respect- requires to refrain from
interfering with enjoyment of rights. Thus,
there is violation if it engages in forced
eviction;
b. To protect- requires states to prevent
violations by third parties. Thus, failure to
ensure compliance by private employers
with basic labor standards violates the
right to work;
c. To fulfill- requires states to take
appropriate measures (legislative, judicial
etc.) towards the full realization of the
rights. Thus, the states failure to provide
essential primary health care to the
needy amounts to a violation.

International Covenant on Civil and Political


Rights (ICCPR)
What are some of the civil and political rights
recognized under the ICCPR?
1. Right of the peoples to self-determination
(art. 1)
2. Right to an effective remedy (art. 2)
3. Equal rights of men and women in the
enjoyment of civil and political rights/ nopndiscrimination on the basis of sex (Art. 3)
4. Right to life (art. 6)
5. Freedom from torture or cruel, inhuman or
degrading punishment (art. 7)
6. Freedom from slavery (art. 8)
7. Right to liberty and security of person (art. 9)
8. Right to be treated with humanity in cases of
deprivation of liberty (art. 10)
9. Freedom from imprisonment for failure to
fulfill a contractual obligation (art. 11)
10. Freedom of movement and the right to travel
(art. 12)
11. Right to a fair, impartial and public trial (art.
14)
12. Freedom from ex post fact laws (art. 15)
13. Right of recognition everywhere as a person
before the law (art. 16)
14. Right to privacy (art. 17)
15. Freedom of thought, conscience, and religion
(art. 18)
16. Freedom of expression (art. 19)
17. Freedom of peaceful assembly (art. 21)
18. Freedom of association (art. 22)
19. Right to marry and found a family (art. 23)
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20. Right of a child to protection, a name and
nationality (art. 24)
21. Right to participation, suffrage, and access to
public service (art. 25)
22. Right to equal protection before the law (art.
26)
23. Right of minorities to enjoy their own culture,
to profess and prtactice their religion and to
use their own language.
When can a State Party derogate from the
ICCPR?
A state party to the ICCPR may derogate from the
treaty in time of oublic emergency which threatens
the life of the nation and the existence of which is
officially proclaimed, the States Parties to the present
Covenant to the extent strictly required by the
exigencies of the situation, provided that such
measures are not inconsistent with their obligations
under international law and do not involve
discrimination solely on the ground of race, colour,
sex, language, religion or social origin. (Art. 4 (1),
ICCPR)
What are the Non-derogable rights under the
ICCPR?
Even in times of national emergency, no
derogation can be made from the following:
1. Right to life (art. 6)
2. Freedom from torture or cruel, inhuman or
degrading punishment (art. 7)
3. Freedom from slavery (art. 8)
4. Freedom from imprisonment for failure to
fulfill a contractual obligation (art. 11)
5. Freedom from ex post fact laws (art. 15)
6. Right of recognition everywhere as a person
before the law (art. 16)
7. Freedom of thought, conscience, and religion
(art. 18)
(Art. 4 (2), ICCPR)
Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW)
What does discrimination against women cover?
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distinction, exclusion, or restriction made of the basis
of sex which has the effect or purpose or impairing or
nullifying the recognition, enjoyment or exercise by
women, irrespective or their marital status, on a basis
of equality of men and women, of human rights and
fundamental freedoms in the political, economic,
social cultural, civil, or any other field.
What are the State Obligations of State-Parties
under CEDAW?

Arts. 2- 16 enumerate the Obligations of StateParties


I. Legal Measures (de jure)
1. embody principle of equality of men and
women in the national constitution and other
apprpriate laws (art. 2[a])
2. adopt apprpriate legislative and other
measures prohibiting all discrimination
against women, which includes legislation to
modify, abolish, or repeal discriminatory
laws, regulations, customs, and practices
(art. 2 [b]. [f] and [g])
3. adopt appropriate legislation to ensure full
development and advancement of women,
for the purpose of guaranteeing exercise and
enjoyment of Human Rights on the basis of
equality with men (art. 3)
4. adopt appropriate legislation to suppress all
forms of traffic in women and exploitation and
prostitution of women. (Art. 6)
II. Administrative Measures (de facto)
1. refrain from any act or practice which is
discriminatory against women (includes
public authorities and institutions) (art. 2 [d])
2. adopt temporary special measures to
address de fact inequality of men and women
(art. 4 [1])
3. modify the social and cultural patterns of
conduct of men and women to eliminate
practices based on the idea of inferiority.
Superiority of either men or women (art. 5
[a])
4. educate family as to proper social function of
maternity and common responsibility in
rearing children (art. 5 [b])
What are some Civil and Political Rights under
CEDAW, which are unique to women?
1. Guarantee of civil and political rights
2. right to acquire, change, and retain
nationality- not prejudiced by marriage to a
foreigner (art. 9 [1])
3. equal rights with men as regards nationality
of children (art. 9 [2])
4. equal rights with men as regards freedom of
movement and choice of domicile/ residence
(art. 15 [4])
What are some Economic, Social and Cultural
Rights under CEDAW which are unique to
women?
1. Guarantee of Economic, Social and Cultural
rights
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2. equal rights with men as regards education
(Art. 10)
elimination of stereotyped concept of
roles of man and women through coeducation, revision of textbooks,
programmes and teaching methods;
reduction of female student dropouts; and access to information on
health and well-being of families,
including advice of family planning.
3. equal rights with men as regards
employment (art. 11)
4. prohibition against dismissals due to
marriage, pregnancy or maternity leave;
5. promotion of child-care facilities; special
protection to pregnant women as regards
type of work.
6. equal access with men as regards health
services, right to services in connection with
pregnancy,
adequate
nutrition
during
pregnancy and lactation and confinement
and the post natal period (art. 12)
7. right to enter into marriage, to freely choose
a spouse and to enter into marriage only with
free and full consent;
8. equal rights and responsibilities as parents,
to freely decide number of children and
access to information and education to be
able to exercise these rights.

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