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PUBLIC INTERNATIONAL LAW (CRUZ) |2014
BETIA| MENOR |REAMICO
PUBLIC INTERNATIONAL LAW established difference between

international law and municipal law.
CHAPTER 1
GENERAL PRINCIPLES MUNICIPAL LAW INTERNATIONAL

LAW
Issued by a Is not imposed
political superior upon but simply
INTERNATIONAL LAW (IL) for observance by adopted by states
those under its as a common rule
- Traditional concept- a body of rules and authority of action among
principles of action which are binding themselves
upon civilized states in their relations Consists mainly of Derived not from
with another. enactments from any particular
the law-making legislation but
- Schwarzenberger- is the body of legal
authority of each from sources as
rules which apply between sovereign international
states and such other entities as have custom,
been granted international personality. international
conventions and
DIVISIONS OF INTERNATIONAL LAW the general
principles of law
1. Laws of peace- govern the normal Regulates the Applies to the
relations of states. relations of relations inter se of
2. Laws of war- when war breaks out individuals among states and other
between or among some of them, the themselves or international
relation of these states cease to be with their own persons
states
regulated under the laws of peace and
Violations of the Questions of
come under the laws of war.
municipal law are international law
3. Laws of neutrality- those states not redressed are resolved
involved in the war continue to be through local through state-to-
regulated under the laws of peace in administration state transactions
their relations inter se. however, their and judicial ranging from
relations with the belligerents, or those process peaceful methods
like negotiations
involved in the war, are governed by
and arbitration to
the laws of neutrality. the hostile
arbitrament of like
INTERNATIONAL LAW V. MUNICIPAL LAW
reprisals and even
war
1. Monists- There is no substantial
Breaches of Responsibility of
distinction between international law
municipal law infraction of
and municipal law because they believe generally entail international law is
in the oneness or unity of all law only individual usually collective in
2. Dualists- who believe in the dichotomy responsibility the sense that it
of the law, there are certain well attaches directly ot
the state and not
to its nationals. The position of the Philippines regarding this

matter is clear enough. There can be no doubt
as to the meaning of our constitution when it
It is possible for a principle of municipal law to
authorizes the SC to decide, among others, all
become part of international law, as when the
cases involving the constitutionality of any
principle is embodied in a treaty or convention.
treaty, international or executive agreement,
TWO THEORIES AS TO MANNER OF ADOPTING law
INTERNATIONAL LAW AS PART OF THE LAW OF
BASIS OF INTERNATIONAL LAW
THE LOCAL STATE
1. Naturalist school of thought- there is a
1. DOCTRINE OF INCORPORATION
natural and universal principle of right
- International laws are adopted as part
and wrong, independent of any mutual
of a states municipal law, by affirming
intercourse or compact, which is
their recognition of the principles of
supposed to be discovered and
international law in their constitutions.
recognized by every individual through
the use of his reason and his
2. DOCTRINE OF TRANSPORMATION
conscience.
- Generally accepted rules of
2. Positivists- who that the binding force
international law are not per se binding
of international law is derived from the
upon the state but must first be
agreement of sovereign states to be
embodied in legislation enacted by the
bound by it.
law-making body and so transformed
3. Eclectics or Grotians- both the law of
into municipal law.
nature and the consent of states as the
CRITERIA TO BE APPLIES IN RESOLVING basis of international law.
CONFLICTS BETWEEN INTERNATIONAL LAW
SANCTIONS OF INTERNATIONAL LAW
AND MUNICIPAL LAW
1. Belief shared by many states in the
- To attempt to reconcile the apparent
inherent reasonableness of
contradiction and thereby give effect, if
international law and their common
possible, to both systems of law.
conviction that its observance will
It should be presumed that municipal law is redound to the welfare of the whole
always enacted by each state with due respect society of nations.
for and never in defiance of the generally 2. But regardless of the intrinsic merit of
accepted principles of international law. the rules of international law, they may
still be observed by states because of
CONSTITUTION V. TREATY the normal habits of obedience
ingrained in the nature of man as social
Generally, the treaty is rejected in the local
being.
forum but is upheld by international tribunals as
3. Respect for the world opinion held by
demandable obligation of the signatories under
most states, or their desire to project
the maxim pacta sunt servanda.
an agreeable public image in order to
maintain the goodwill and favourable conscience, morality, justice and

regard of the rest of the family of humanity.
nations. 2. International comity- those rules of
4. The constant and reasonable fear, courtesy observed by states in their
present even in the most powerful mutual relations, in that violations of its
states, that violation of international precepts are not regarded as
law might visit upon the culprit the constituting grounds for legal claims.
retaliation of other states. 3. International diplomacy- relates to the
5. There is the machinery of the UN which, objects of national or international
within the sphere of its limited powers, policy and the conduct of foreign affairs
has on many occasions proved to be an or international relations.
effective deterrent to international 4. International administrative law- that
disputes caused be disregard of the law body of laws and regulations, now
of nations. highly developed, created by the action
of international conference or
FUNCTIONS OF INTERNATIONAL LAW commissions which regulate the
1. To establish peace and order in the relations and activities of national and
community of nations and to prevent international agencies with respect to
the employment of force, including war, those material and intellectual interests
in all international relations which received an authoritative
2. It strives as well to promote world universal recognition.
friendship by levelling the barriers, as of
color or creed, that have so far
obstructed the fostering of a closer CHAPTER 2
understanding in the family of nations.
3. To encourage and ensure greater SOURCES OF INTERNATIONAL LAW
international cooperation in the
solution of certain common problems
of a political, economic, cultural or KINDS OF SOURCES
humanitarian character
1. Primary/ direct sources
4. Aims to provide for the orderly
a. Treaties/conventions, whether
management of the relations of states
general or particular, establishing
on the basis of the substantive rules
rules expressly recognized by the
they have agreed to observe as
contesting states
members of the international
community.
b. International customs- a practice
DISTINCTION WITH OHERS CONCEPTS which has grown up between states
and has come to be accepted as
1. International morality or ethics- those binding the mere fact of persistent
principles which governs the relations usage over a long period of time.
of states from the higher standpoint of
c. General principles of law SUBJECT OF INTERNATIONAL LAW- is the entity

recognized by civilized nations- the that has rights and responsibilities under that
general principles of law are mostly law. It has an international personality in that it
derived from the law of nature and can directly assert rights and be held directly
observed by the majority of states responsible under the law of nations.
because they believed to be good
and just. OBJECT OF THE INTERNATIONAL LAW- is the
person or thing in respect of which rights are
2. Secondary/ indirect sources held and obligations assumed by the subject.
a. Decisions of courts- art 38 of the STATES
statute of ICJ does not distinguish
between those rendered by - A group of people living together in a
international tribunals and those definite territory under the
promulgated only by national independent government organized for
courts political ends and capable of entering
b. Writing of publicists-must also be, into international relations.
to qualify as such, a fair and
unbiased representation of
ELEMENTS:
international law, and by an
acknowledged authority in the field. 1. A permanent population- Human being
living within its territory
2. Defined territory- fixed portion of the
NOTE: The doctrine of stare decisis is not
surface of the earth in which the people
applicable in international law, and so the
of the state reside
decision of a subsequent case.
3. Government- agency through which the
will of the state is formulated,
expressed and realized.
CHAPTER 3 4. Sovereignty or independence- external
THE INTERNATIONAL COMMUNITY aspect or manifestation of sovereignty,
that is, the power of the state to direct
its own external affairs without
interference or dictation from other
INTERNATIONAL COMMUNITY states.
- the body of juridical entities which are
CLASSIFICATION OF STATES
governed by law of nation.
- Modern concept- it is composed not INDEPENDENT STATES
only of states but also of such other
international persons. one which is not subject to dictation
from others in this respect
SUBJECT V. OBJECT
a. Simple States- one which is placed
under a single and centralized
government exercising power over the purpose of representing any

both its internal and external affairs or all of them.
b. Composites States- two or more 5. Incorporate union- two or
states, each with its own separate more states under a central
government but bound under a authority empowered to direct
central authority exercising, to a both their external and internal
greater or less degree, control over affairs and possessed of a
their external relations. separate international
personality.
1. Real union- created when two
or more states are merged NEUTRALIZED STATES
under a unified authority so An independent state, whether it be
that they form a single simple or composite, may be neutralized
international person through through the agreement with other states by
which they act as one entity. virtue of which the latter will guarantee its
2. Federal union- is a combination integrity and independence provided it refrains
of two or more sovereign states from taking any act that will involve it in war or
which upon merger cease to be other hostile activity except for defensive
states, resulting in the creation purposes.
of a new state with full
international personality to DEPENDENT STATES
represent them in their external
An entity which, although theoretically
relations as well as a certain
a state, does not have full freedom in the
degree of power over their
direction of its external affairs. It fall into two
domestic affairs and their
general categories:
inhabitants. i.e. US
3. Confederation- is an a. Protectorate- which is established at
organization of states which the request of the weaker state for the
retain their internal sovereignty protection by string power
and, to some degree, their b. Suzerainty- which is a result of a
external sovereignty, while concession from a states to a former
delegating to the collective colony that is allowed to be
body power to represent them independent subject to the retention by
as a whole for certain limited the former sovereign of certain power
and specified purposes. over the external affairs of the latter.
4. Personal union- comes into
being when two or more UNITED NATIONS
independent states are brought
UN is not is state or a super state but a
together under the rule of the
mere organization of states, it is regarded as an
same monarch, who
international person for certain purposes.
nevertheless does not become
one international persons for
THE VATICAN CITY When a portion of the population rises up in

arms against the legitimate government of the
The holy see has all the constituent element of states. The upheaval is ordinarily regarded as a
statehood ( people, territory: 108.7 acres; merely internal affair, at least during its initial
government with the pope as head; and stages. The state is held responsible for all
independence by virtue of the Lateran Treaty of injuries caused upon third states. For the
February 11,1929, which constitutes the Vatican purpose of the conflict, and pending
as a territory under the sovereignty of the Holy determination of whether or not the belligerent
See. It has all the right of a state, including
community should fully recognized as a state, it
diplomatic intercourse, immunity from foreign is treated as an international persons and
jurisdiction. becomes directly subjects to the laws of war
COLONIES AND DEPENDENCIES and neutrality.
A colony or a dependency is part and parcel of A inchoative state- it is vested with full rights of
the parent state, through which all its external visitation, search and seizure of contraband
relations are transacted with other states. As articles on high seas, blockade and the like.
such, therefore, it has no legal standing in the INTERNATIONAL ADMINISTTATIVE BODIES
family of nations. Nevertheless, such entities
have been allowed on occasion to participate in Created by agreement among states
their own right in international undertaking and may be vested with international personality
granted practically the status of a sovereign when two conditions concur, to wit, that their
state. purposes are mainly non-political and that they
are autonomous.
MANDATES AND TRUST TERRITORIES
Examples: international labor
The system of mandates was established after organization, food and agricultural organization,
the World War I in order to avoid outright
world health organization
annexation of the underdeveloped territories
taken from the defeated powers and to place INDIVIDUALS
their administration under some forms of
Individual only as an object of
international supervision.
international law who can act only through the
Kinds of trust territories: instrumentality of his own state in matters
involving others states.
1. Those held under the mandate under
the league of nations CHAPTER 4
2. Those territories detached from the
defeated states after world war II THE UNITED NATIONS
3. Those voluntarily placed under the Delegate of fifty nations met at the San
system by the states responsible for Francisco conference from April 25, to June 26,
their administration. 1945, and prepared and unanimously approved
the charter of the United Nations. This came
BELLIGERENT COMMUNITIES
into force on October 24, 1945.
THE U.N. CHARTER efforts to achieve their common

purpose.
- Is a lengthy document consisting of 111
articles besides the preamble and the PRINCIPAL PURPOSES OF U.N.
concluding provisions.
- May be considered a treaty because it 1. to maintain international peace and
derives its binding force from the security
agreement of the parties to it. 2. to develop friendly relations among
- Intended to apply not only to the nations
members of the organizations but also 3. to achieve international cooperation in
to non-member states so far as may be solving international problems and in
necessary for the maintenance of promoting and encouraging respect for
international peace and security. human rights and fundamental
freedoms.
AMENDMENTS 4. To be a center for harmonizing the
actions of nations in the attainment of
- When they have been adopted by the these common ends
vote of 2/3 of the members of the
general assembly and ratified PRINCIPLES
accordance with their respective
constitutional processes by 2/3 of the 1. The organizations is based on the
members of the U.N., including all the principles of the sovereign equality of
permanent members of the Security all its members
2. All members, in order to ensure to all of
Council.
- a GENERAL CONFERENCE may be called them the rights and benefits resulting
by majority vote of the general from membership, shall fulfil in good
assembly and any nine members of the faith the obligations assumes by them
in accordance with the present charter.
security council for the purpose of
reviewing the charter. Amendments 3. All Members shall settle their
may be proposed by the vote of 2/3 of international disputes by peaceful
the members of the general assembly means in such a manner that
and ratified accordance with their international peace and security, and
respective constitutional processes by justice, are not endangered.
the 2/3 of the members of the U.N., 4. All Members shall refrain in their
including all the permanent members of international relations from the threat
the Security Council. or use of force against the territorial
integrity or political independence of
THE PREAMBLE OF THE CHARTER any state, or in any other manner
inconsistent with the Purpose of the
- introduces the charter and sets the United Nations.
common intentions that moved the 5. All Members shall give the United
original members to unite their will and Nations very assistance in any action it
takes in accordance with the present
Charter, and shall refrain from giving 3. It must accept the obligations of the
assistance to any state against which Charter
the United Nations is taking preventive 4. It must be able to carry out these
or enforcement action. obligations
6. The Organization shall ensure that 5. It must be willing to carry out these
states which are not Members of the obligations
Unites Nations act in accordance with
these Principles so far as may be ADMISSION
necessary for the maintenance of Decision of 2/3 of those present and
international peace and security. voting in the general assembly upon the
7. Nothing contained in the present recommendation of at least nine (including all
Charter shall authorize the United the permanent) members of the Security
nations to intervene in matters which Council
are essentially within the domestic
jurisdiction of any state or shall require SUSPENSION
the Members to submit such matters to
Effected by 2/3 of those present and
settlement under the present Charter;
voting in the general assembly upon favourable
but this principles shall not prejudice
recommendation of at least nine members of
the application of enforcement
the Security Council including the permanent
measure under Chapter VII
members
MEMBERSHIP
The suspension may be lifted alone by
KINDS: the Security Council, also by a qualified majority
vote.
1. Original- those states which, having
participated in the U.N conference on Suspended members will prevent it
international organization at San from participating in the meeting of the general
Francisco or having previously signed assembly or from being elected to or continuing
the declaration by U.N of January 1, to serve in the Security Council, the economic
1942, signed and ratifies the charter of and social council of the trusteeship council.
the U.N. National of the suspended members, may
2. Elective however, continue serving in the Secretariat
and the ICJ as they regarded as international
The distinction between the two is based only officials or civil servants acting for the
on the manner of their admission and does not Organization itself.
involve any difference in the enjoyment of
rights or the discharge of obligations. EXPLUSION
QUALIFICATIONS: 2/3 vote of those present and voting in

the general assembly, upon recommendation of
1. It must be a state a qualified majority of the security Council, on
2. It must be peace-loving
grounds of persistently violating the principles peaceful adjustment of any

contained in the Charter. situation
b. Supervisory- receiving and
WITHDRAWAL considering annual and special
No provision on withdrawal from membership reports from the other organs
was includes in the Charter because of the fear of the U.N
that it might encourage successive withdrawals c. Financial- the consideration
that would weaken the organization. and approval of the budget of
the organization, the
A member might withdraw from the U.N if: apportionment of expenses
among its members and the
1. The organization was revealed to be
approval of financial
unable to maintain peace or could do so
arrangements with specialized
only at the expense of law and justice
agencies.
2. The members right and obligations as
d. Elective- the election of non-
such were changed by a charter
permanent members of the
amendment in which it had not
Security Council
concurred or which it finds itself unable
e. Constituent- admission of the
to accept
members and the amendment
3. An amendment duly accepted by the
of the Charter of the U.N
necessary majority either in the general
2. Security council
assembly or in a general conference is
- Key organ of the U.N in the
not ratified.
maintenance of the internal peace and
ORGANS OF THE UNITED STATES security council
- 5 permanent members
PRINCIPAL ORGANS o China
o France
1. General assembly (G.A)
o United kingdom
- Consists of all the members of the
o Russia
organization, each of which is entitled
o United states
to send not more than 5
- 10 elective members
representatives and 5 alternates
o 5 African and Asian states
- Each member of the G.A has one vote
o 2 latin American states
Functions of the General Assembly o 2 western European and other
states
a. Deliberative- initiating studies o 1 eastern European states
and making recommendations
toward the progressive - The non-permanent members are NOT
development of international eligible for immediate re-election
law and its codification and - The permanent members were give
recommending measure for the preferred position because of the
feeling that they were the states that
would be called upon to provide the - NON-PROCEDURAL MATTERS are those

leadership and physical force that might that may require the security council
be needed to preserve the peace of the under its responsibility of maintenance
world or resorting world peace to invoke
- The geographical distribution of non- measures of enforcement
permanent members was a recognition - PERMENENT MEMBERS may cast a
of the relative importance of the VETO an thereby prevent agreement on
affected in the maintenance of a non-procedural question even if it is
international order. supported by all the other members of
- Chairmanship- rotated every calendar the Security Council
month on a basis of English alphabet - PERMENENT MEMBERS may also
order of names exercise the so called DOUBLE VETO, by
- YALTA FORMULA- devised at the means of which it can disapprove any
crimea conference proposal to consider a question merely
o Each member shall have one procedural and thereafter vote against
vote, but the distinction is the question itself on the merits
made between the Big Five and - Abstention or absence of any
the non-permanent members in permanent member in connection with
the resolution of substantive a voting on a non-procedural question
questions is not connection with a voting , and the
o PROCEDURAL MATTERS are to proposal is deemed adopted if
be decided by the affirmative approved by at least nine members of
vote of any nine or more the Security Council including the rest
members. of the permanent members.
o NON-PROCEDURAL MATTERS - Purpose of the YALTA FORMULA is to
require the concurrence of also ensure the unity (?) of the permanent
at least nine members but members in the measures to be taken
included all the permanent in the pursuit of its primary function of
members, but including the maintaining international peace and
permanent members. security.
o No members, permanent or not
is allowed to vote on question 3. Economic and social council
concerning the pacific - Elected by G.A for 3 year terms and may
settlement of a dispute to be re-elected immediately
which it is a party. - Each member has one vote and
- PROCEDURAL MATTERS include decisions are reached by a majority of
questions relating to the organization those present and voting
and meeting of the security council, the - Organs should exert efforts toward:
establishment of subsidiary organs and o Higher standards of living, full
the participation of states parties in employment, and conditions of
disputes in the discussion of the organ. economic and social progress
and development
o Solutions of international o Provide for periodic visits to

economic, social health and trust territories at times agrees
related problems and upon with the administering
international, cultural and authorities
educational cooperation; and o Take such other actions in
o Universal respect for and conformity with the terms of
observance of, human rights the questionnaire on the
and fundamental freedoms for political, economic, social and
all without distinction as to educational advancement of
race, sex language or religion. the inhabitant of the trust
territories
4. Trusteeship council - Trusteeship council is largely become
- Charged with the duty of assisting the obsolete with the conversion of
Security Council and the general practically all trust territories into full-
assembly in the administration of the fledged miniature states.
international trusteeship system.
- Composed of : 5. International court of justice
o The members of the U.N - Judicial organ of the U.N which function
administering trust territories in accordance with the statute.
o The permanent members of the - Composed of 15 members who are
security council not elected by absolute majority in the G.A
administering tryst territories and the security council
o As many other members - The judges must:
elected for 3 year term by o be of high moral character
general assembly as may be o possess the qualifications
necessary to ensure that the required in their respective
total number of members of countries for appointment to
the trusteeship council is their competence in
equally divided between those international law
members of the United Nations - No two of them may be nationals of the
which administer trust same state and in the event that more
territories and those which do than one national of the same state
not. obtain the required majorities, only the
- Each member has one vote and eldest shall be considered elected
decisions are reached by a majority of - Members have a term of 9 years and
those present and voting may be re-elected.
- Under its authority, it may: - No judge can be removed unless, in the
o Considered reports submitted unanimous opinion of the other
by the administering authorities members, he has ceased to fulfil the
o Accept petitions and examine required conditions.
them in consultation with the
administering authorities
- Court may elect its president and vice organization and in general
pres. Who shall serve for 3 years and coordinates its vast
may be re-elected administrative machinery
- Secretary general and the members of
6. Secretariat his staff are internal officers solely
- Chief administrative organ of the U.N responsible to the Organization and are
- Headed by SECRETARY GENERAL prohibited from seeking or receiving
o Chose by the G.A upon instruction from any government or any
recommendation of the authority external to the U.N
security council
o Fixed 5 years term by resolution
of the G.A and may be re- SECONDARY ORGANS- those which have been
elected created by or in accordance with the charter
o Highest representative of the such as the military staff committee, the
U.N and is authorized to act in international law commission and the
itself commission on human rights.
o When acting in his capacity, he
is entitles to full diplomatic CHAPTER 5
immunities and privileges which
THE CONCEPT OF THE STATE
only the security council may
waive CREATION OF STATES
o The immunities and privileges
of other key official of the - By revolution
united nation may be waived by - By unification
the secretary general - By secession
o His duty is to bring to the - By assertion of independence
attention of the security council - By agreement and attainment of
may matter which in his opinion civilization
may threaten international
EXTINCTION OF STATES
peace and security
o Acts a s secretary in all the - By extinction or emigration en masse of
meetings of the G. A, the its population
security council, the economic - By loss of territory
and social council and the - By overthrow of government resulting
trusteeship council and in anarchy
performs such other functions
as may be assigned to him by PRINCIPLES OF STATE CONTINUITY
these organs.
- The state continues as juristic being
o He prepares the budget of the
notwithstanding changes in its
U.N for submission to the G.A,
circumstances, provided only that they
provides technical facilities to
be different organs of the
do not result in loss of any of its part of the new sovereign. But non-
essential elements. political laws, such as those dealing
- This principle applied in the sapphire with familiar relations, are deemed
case where, after Emperor Louis continued unless they are changed by
napoleon filed a damage suit on behalf the new sovereign or are contrary to
of France in an American court, he was the institution of the successor state.
deposed. Nonetheless, the action was - Treaties of a political and even
not abated and could continue upon commercial nature, as well as treaties
recognition of the duly authorized of extradition, are also discontinued,
representative of the new government except those dealing with local rights
of France. and duties, such as those establishing
easement and servitudes.
SUCCESSION OF STATES - All the rights of the predecessor state
- Takes place when one state assumes are inherited by the successor state but
the rights and some of the obligations this is not so where liabilities are
of another because of certain changes concerned.
in the condition of the latter.
- May be either:
o Universal succession -when a SUCCESSION OF GOVERNMENT
state is annexed to another
- Where the government replaces
state or is totally dismembered
or merges with another state to another either peacefully or by violent
form a new state methods. In both instances, the
o Partial succession- take place integrity of the state is not affected; the
when a portion of the territory state continues as the same
of the states or is ceded to international person except only that its
another or when an lawful representative is changed.
independent state becomes a - The rights of the predecessor
protectorate or a suzerainty or government are concerned; they are
when a dependent state inherited in too by the successor
government.
acquires full sovereignty.
- Where the new government was
CONSEQUENCES OF STATE SUCCESSION organized by virtue of a constitutional
reform duly ratified in plebiscite, the
- Allegiance of the inhabitants of the obligations of the replaced government
predecessor state in the territory are completely by the former.
affected is transferred to the successor - Where the new government was
state. They are also naturalized en established through violence as by a
masse revolution, it may lawfully reject the
- Political law of the former are purely personal or political obligations
automatically abrogated and may be of the predecessor government but not
restored only by a positive act on the
contracted by it in the ordinary course government may be that of a mere

of official business. colony.
3. Recognition of belligerency- does not
produce the same effect as the
CHAPTER 6 recognition of states and government
because the rebels are accorded
RECOGNITION international personality only in
connection with the hostilities they are
waging.
BASIC RULES IN RECOGNITION OS STATES
KIND OF RECOGNITION
- It is political act and mainly a matter of
1. Express- may be verbal or in writing. It
policy on the part of each state.
may be extended through a formal
- it is discretionary on the part of the
proclamation or announcement, a
recognizing authority.
stipulation in a treaty, a letter or
- it is exercised by the political
telegram, or on the occasion of an
(executive) department of the state.
official call or conference.
- The legality and wisdom of recognition
2. Implied- when the recognizing state
is not subject to judicial review.
enters into officials intercourse with the
THEORIES ON RECOGNITION new member by exchanging diplomatic
representatives with it.
1. Declaratory (majority view)
- merely affirms the pre-existing fact that The act constituting recognition shall give a
the entity being recognized already clear indication of an intention:
possess the status of an international
1. To treat with the new state as such
persons.
2. To accept the new government as
- Political and discretionary
having authority to represent the state
2. Constitutive (minority view)
it purports to govern and to maintain
- It is last indispensable element that
diplomatic relations with it
converts or constitutes the entity being
3. To recognize in the case of insurgent
recognized into an international person.
that they are entitled to exercise
- Mandatory and legal
belligerent rights
OBJECTS OF RECOGNITION
RECOGNITION OF STATES
1. Recognition of a state- held irrevocable
- held irrevocable and imports the
and imports the recognition of the
recognition of the government
government
2. Recognition of a government- may be EFFECTS OF THE RECOGNITION OF THE
withdrawn and does not necessary STATE AND GOVERNMENT
signify the existence of a state as the
1. full diplomatic relations are established 1. That which is established by the

except where the government inhabitants who rise in revolt against
2. the recognized state or government and depose the legitimate regime.
acquire the right to sue in courts of 2. That which is established in the course
recognizing state of war by the invading forces of one
3. the recognized state or government has belligerent in the territory of the other
a right to possession of properties of belligerent, the government of which is
predecessor in the territory of the also displaced.
recognizing state 3. That which is established by the
4. all acts of the recognized state or inhabitants of a state who secede
government are validated retroactively, therefrom without overthrowing its
preventing the recognizing state from government.
passing upon their legality in its own
courts LANDMARK CASE DOCTRINE
RECOGNITION OF A STATE V. 1. WILSON/ TOBAR DOCTRINE

- This precludes recognition of the
RECOGNITION OF GOVERNMENT
government established by revolution,
- recognition of the state carries with it civil war, coup detat or other form of
recognition of the government internal violence until the freely elected
- recognition states is irrevocable representatives of the people have
recognized a constitutional government
RECOGNITION OF GOVERNMENT
- may be withdrawn and does not 2. KELSEN DOCTRINE

necessary signify the existence of a - A states violates international law and
state as the government may be that of thus infringes upon the rights of other
a mere colony. states if it recognizes as a state a
community which does not fulfil the
REQUISITES: requirements of international law
1. government is stable and effective

3. BETANCOURT DOCTRINE
(objective test)
- This came as a reflection of Venezuelan
2. no substantial resistance to its authority
president Romulo Betancourts
3. the government must show willingness
antipathy for non-democratic rule,
and ability to discharge its international
which denied diplomatic recognition to
obligations (subjective test)
any regime, right or left, which came to
4. government must enjoy popular
power by military force.
consent or approval of the people.
4. LAUTERPACHT DOCTRINE
- It is the recognition of an entity which is
KINDS OF THE DE FACTO GOVERNMENT not legally a state is wrong because it
constitutes as abuse of the power of
recognition. It acknowledges a predecessor in the territory of the

community which is not in law, recognizing state
independent and which does not 4. all acts of the recognized state or
therefore fulfil the essential conditions government are validated retroactively,
of statehood as an independent state. It preventing the recognizing state from
is, accordingly, a recognition which an passing upon their legality in its own
international tribunal declare not only courts
to constitute a wrong but probably also
to be itself invalid. RCOGNITION OF BELLIGERENCY
- Does not produce the same effect as

5. STIMSON DOCTRINE the recognition of states and
- This precludes recognition of any government because the rebels are
government established as a result of accorded international personality only
external aggression in connection with the hostilities they
are waging.
6. ESTRADA DOCTRINE
- This refers to dealing or not dealing CONDITION FOR RECOGNITION OF
with the government established BELLIGERENCY
through a political upheaval is not a
1. there must be an organized civil
judgement on the legitimacy of the said
government directing the rebel forces
government.
2. the rebels must occupy a substantial
portion of the territory of the state
3. the conflict between the legitimate
RECOGNITION DE RECOGNITION DE government and the rebels must be
JURE FACTO
serious, making the outcome uncertain.
Relatively permanent Provisional
4. The rebels must be willing and able to
Vests title in the Does NOT vests title in
government to its the government to its observe the laws of war.
properties abroad properties abroad
EFFECTS OF RECOGNITION OF BELLIGERENCY
Brings about full Limited to certain
diplomatic relations juridical relations
1. Responsibility for acts of rebels
resulting to injury to nationals of
EFFECTS OF THE RECOGNITION OF THE recognizing state shall be shifted to
STATE AND GOVERNMENT rebel government
2. The legitimate government recognizing
1. full diplomatic relations are established the rebels as belligerents shall observe
except where the government laws or customs of war in conducting
2. the recognized state or government hostilities
acquire the right to sue in courts of 3. Third states recognizing belligerency
recognizing state should maintain neutrality;
3. the recognized state or government has 4. Recognition is only provisional and only
a right to possession of properties of for purposes of hostilities.
CHAPTER 7 Nothing in the present charter

precludes the existence of regional
THE RIGHT OF EXISTENCE AND SELF-DEFENSE arrangements.
Once a state comes into being. It is
REGIONAL ARRANGEMENTS Agencies for
invested with certain rights described as dealing with such matters relating to the
fundamental. maintenance of international peace and
Most important of these rights:
security as are appropriate for regional action.
o Right of existence
o Self-defence Example of Regional Agency:
Organization of American States
*It is important because all its other rights are Whose organ of consultation authorized
supposed to flow or be derived from it. or ratified the action taken by the US.
The presence of an Armed Attack to
THE BALANCE OF POWER
justify the exercise of the right of self-
defence may be taken by a state only in One reason for the organization of
the face of a necessity of self-defense regional arrangements is to provide for
that is instant, overwhelming and the balance of power
leaving no choice of means and no An arrangement of affair so that no
moment for deliberation state shall be in a position to have
Right may be resorted only upon clean absolute mastery and dominion over
showing of a grave and actual danger to others. Vattel
the security of the state
The best defense is offense Grotius AGGRESSION Use of armed force by a state
One might well argue now that the very against:
state of armed preparedness of a Sovereignty
nuclear power is per se a potent, if Territorial Integrity
latent. Political independence of other state
THE CUBAN MISSILE CRISIS
First use of armed forces shall
The peace of the world and the constitute prima facie evidence of
security of the US (had been) aggression
endangered by reason of the
establishment by the Sino-Soviet QUALIFY AS AN ACT OF AGGRESSION
powers of an OFFENSIVE MILITARY 1. Invasion/attack by armed forces of a
CAPABILITY in Cuba, including bases for state of the territory of another state
ballistic missiles with a potential range 2. Bombardment of armed forces
covering most of North and South 3. The blockade of parts/coasts of a state
America. by the armed forces of another state
REGIONAL ARRANGEMENTS 4. Attack of sea, air forces, land etc.
5. Use of armed forces within the territory o External sovereignty is more

of another State with the agreement of often referred to as
the receiving State, in contravention of independence.
the conditions provided for in the
agreement or any extension of their
presence in such territory beyond the NATURE OF INDEPENDENCE
termination of the agreement
6. The action of a State in allowing its Freedom from control by any other
territory, which it has placed at the state or group of states and not
disposal of another State, to be used by freedom from the restrictions that are
that other State for perpetrating an act binding on all states forming the family
of aggression against a 3rd state of nations.
7. The sending by or on behalf of a State Must submit to limitations,
of armed force against another State of independence of a state is of necessity
such gravity as to amount to the acts restricted.
listed above, or its substantial
INTERVENTION
involvement therein.
State must abstain from intervention. It
expects its independence to be
CHAPTER 8 respected by other states, so too must
it be prepared to respect their own
THE RIGHT OF INDEPENDENCE SOVEREIGNTY independence.
Rights of independence carries with it
duty of non-intervention.
Supreme, uncontrollable power inherent in a
state, the supreme power of the state to 2 INSTANCES WHEN THE USE OF FORCE IS
command and enforce obedience ALLOWED UNDER THE CHARTER OF THE UN:
1. When such action is agreed upon in a

Enables the state to make its own
decision vis--vis other states and vests treaty
it with competence to enter into 2. When requested from sister states or
from the UN
relation and agreements with them.
2 ASPECTS Recent events have called for a re-

examination of the law on intervention,
1. INTERNAL SOVEREIGNTY Power of the especially where intervention is based
state to direct its domestic affairs on humanitarian grounds
2. EXTERNAL SOVEREIGNTY The freedom Revolted by the inhumane plight of the
of the state to control its own foreign innocent victims, the UN sent a
affairs. contingent of military troops from
several countries, primarily the US.
THE DRAGO DOCTRINE Par in parem non habet imperium

Even the strongest state cannot assume
The contracting powers agree not to jurisdiction over another state, no
have recourse to armed force for the matter how weak etc..
recovery of contract debts claimed from
the government of one country by the LEGAL EQUALITY VS. FACTUAL INEQUALITY
government of another country as
Not all states have equal eligibility with
being due to its nationals.
regard to elective membership of the
Security Council
5 of them must be elected from the
CHAPTER 9: THE RIGHT OF EQUALITY African and Asian states and only 1 can
Art. 2 of Charter of the UN: The come from the Eastern European State.
organization is based on the principle of In General Assembly, all members have
the sovereign equality of all its on vote regardless of the number of
members. people they separately represent.
States are juridically equal, enjoy the
CHAPTER 9
same rights, and have equal capacity in
their exercise. The rights of each one do THE RIGHT OF EQUALITY
not depend upon the power which it
possesses to assure its exercise, but Art. 2 of Charter of the UN The
organization is based on the principle of
upon the simple fact of its existence as
a person under international law. the sovereign equality of all its
members
ESSENCE OF EQUALITY States are juridically equal, enjoy the
same rights, and have equal capacity in
Does not signify parity in physical their exercise. The rights of each one do
power, political influence or economic not depend upon the power which it
status or prestige possesses to assure its exercise, but
Equality does not even require equality upon the simple fact of its existence as
in the number of rights
a person under international law.
All the rights of a State, regardless of
their number, must be observed and ESSENCE OF EQUALITY
respected
All States, big or small have an equal Does not signify parity in physical
power, political influence or economics
right to the enjoyment of all their
respective attributes as members of the status or prestige
family of nations Equality does not even require equality
All members of UN have each one vote in the number of rights.
in the General Assembly, all votes PRINCIPLE: All the rights of a state,
having equal weight and are generally regardless of their number, must be
eligible for positions in the various observed and respected
organs of the UN
All states, big or small have an equal territories through any of the methods
right to the enjoyment of all their permitted under the law of nations.
respective attributes as members of the
family of nations. ACQUISITION AND LOSS OF TERRITORY
All members of UN have each one vote Territory may be acquired by:
in the General Assembly, all votes
having equal weight, and are generally Discovery
eligible for positions in the various Occupation
organs of the UN Subjugation
Par in paren non habet imperium Prescription
even the strongest state cannot assume Cession
jurisdiction over another state, no Accretion
matter how wake etc..
Territory may be lost by:
LEGAL EQUALITY VS. FACTUAL INEQUALITY
Abandonment
Not all states have equal eligibility Dereliction
with regard to elective membership Cession
of the Security Council Revolution
5 of them must be elected from the Subjugation
African and Asian states and only 1 Prescription
can come from the Eastern Erosion
European State. Natural causes
DISCOVERY AND OCCUPATION
CHAPTER 10 Original mode of the acquisition by

which territory not belonging to any
TERRITORY state is placed under the sovereignty of
the discovering state.
TERRITORY Fixed portion of the surface of the
earth inhabited by the people of the state. Territory need not be to be uninhabited
provided it can be established that the
Must be permanent and indicated with natives are not sufficient civilized and
precision can be considered as possessing not
Big enough to provide for the needs of rights of sovereignty but only rights of
the population but not be so extensive habitation
as to be difficult to administer/defend Open seas and outer space are not
from external aggression. susceptible to discovery and
occupation.
The Philippines is committed to the
renunciation of the war for territorial 2 REQUISITES OF A VALID DISCOVERY AND
aggrandizement but like other states, is OCCUPATION
not precluded from acquiring additional 1. Possession
2. Administration absolute and undisputed possession of

that State, from that moment the
Possession must be claimed on behalf taking of possession is considered
of the state. Be effected through a accomplished and the occupation is
formal proclamation and the symbolic formally completed.
act of raising the national flag in the
territory. DERELICTION Territory is lost by dereliction
Mere possession will not suffice when the state exercising sovereignty over it
physically withdraws from it with the intention
INCHOATE TITLE OF DISCOVERY of abandoning it altogether.
Performs the function of barring other conditions must concur:

states from entering the territory until 1. Acts of withdrawal
the lapse of a period within which the 2. Intention to abandon
discovering state may establish as
settlement thereon and commence to
administer it. PRESCRIPTION Prescription in international
ISLAND OF PALMAS CASE law requires long continued and adverse
possession to vest acquisitive title in the
Discovery alone, without any claimant.
subsequent act, cannot at the present
CESSION Method by which territory is
time suffice to prove sovereignty of
Island of Palmas. transferred from one state to another by
An inchoate title could not prevail over agreement between them. Acquisition of
the continuous and peaceful display of territory by cession is usually effected by such
authority by another state for such familiar transactions as sale, donation, barter or
display may prevail even over a prior, exchange, and even by testamentary
definitive title put forward by another disposition.
state. Examples are the purchase by the US of
Alaska from Russia in 1867, the gift by
CLIPPERTONE ISLAND CASE
Austria of Lombardy to France in 1859
Title was deemed acquired by France
over an island it had formally claimed SUBJUGATION Territory is deemed acquired
but had never administered. He by subjugation when, having been previously
conquered or occupied in the course of war by
proclaimed and declared that the
sovereignty of the said island beginning the enemy, it is formally annexed to it at the
from that date belonged in perpetuity end of that war.
to his majesty. Conquest alone confers only an
If a territory, by virtue of the fact that it inchoate right on the occupying state;
was completely uninhabited, from the it is the formal act of annexation that
first moment when the occupying state completes the acquisition.
makes its appearance there, at the
ACCRETION Mode of acquiring territory based BAYS Well-marked indentation whose

on the principle of accession cedat principali. It penetration is in such proportion to the width
is accomplished through both natural or of its mouth as t contain land-locked waters and
artificial processes, as by the gradual and constitute more than a mere curvature of the
imperceptible deposit of soil on the coasts of coast.
the country through the action of the water or,
more effectively, by reclamation projects like THE TERRITORIAL SEA Belt of waters adjacent
those undertaken in Manila Bat and the polders to the coasts of the state, excluding the internal
waters in bays and gulfs, over which the state
of Holland.
claims sovereignty and jurisdiction
COMPONENT OF TERRITORY
THE UN Conference on the Law of the Sea
1. Terrestrial domain
2. Maritime domain 3 international conferences have been
3. Fluvial domain called to formulate a new of the sea.
The 1st conference was held in 1958 at
4. Aerial domain
Geneva, Switzerland, and resulted in
THE TERRESTRIAL DOMAIN the adoption of the Convention on the
Territorial Sea and the Contiguous
Land mass Zone, the Convention on the High Seas,
THE MARITIME AND FLUVIAL DOMAIN and the Convention on the Fishing and
the Living Resources of the High Seas,
Bodies of water within the land mass and the Convention on the Continental
and the waters adjacent to the coasts Shelf.
of the state up to a specified limit. The new Convention provides among
others for a uniform breadth of 12
RIVERS MAY BE CLASSIFIED INTO:
miles for the territorial sea, a
1. National Rivers situated completely in contiguous zone of 12 miles from the
the territory of one state outer limits of the territorial sea, and
2. Multi-national Rivers Flow through an economic zone or patrimonial sea
the territories of several states extending 200 miles from the low-
3. International Rivers is navigable from water mark of the coastal state.
the open sea and is open to the use of
THE PHILIPPINE TERRITORIAL SEA
vessels from all states
4. Boundary Rivers divided the The claim of the Philippines to its
territories of the riparian states territorial sea was based on historic
right or title or as it often called, the
THALWEG DOCTRINE In the absence of a
TREATY LIMITS THEORY.
specific agreement between such states,
The new Convention on the Law of the
the boundary line is laid on the river. That
Sea now limits our territorial sea 12
is, on the center, not of the river itself, but
miles from the low water mark of our
of its main channel.
coasts, as in the case of other states.
METHODS OF DEFINING THE TERRITORIAL SEA 2. Terrestrial domain

3. Maritime and fluvial domain
1. NORMAL BASELINE METHOD The 4. Continental shelf
territorial sea is simply drawn from the 5. Open seas
low-water mark of the coast, to the 6. Aerial domain
breadth claimed, following its 7. Outer space
sinuosities and curvatures but excluding 8. Other territories
the internal waters in bays and gulfs.
2. STRAIGHT BASELINE METHOD Straight PERSONAL JURISDICTION Power exercised by
lines are made to connect appropriate a state over its nationals. Based on theory that a
points on the coast without departing national is entitled to the protection of his state
radically from its general direction. wherever he may be and is (Doctrine of
indelible allegiance)
FISHERIES CASE
JOYCE VS. DIRECTOR OF PUBLIC PROSECTION
United Kingdom questioned the use by
Norway of the straight baseline method Defendant Lord HawHaw, challenged
defining its territorial waters. his conviction in Great Britain for high
treason, contending that he was not a
THE AERIAL DOMAIN British subject. It appeared that he had
The airspace above the terrestrial lived in the country for 18 years and
domain and the maritime and fluvial misrepresented himself as its national
domain of the state, to an unlimited for the purpose of obtaining a British
altitude but not including outer space. passport that enabled him to go to
Germany where he was broadcast anti-
Allied propaganda.
o Although not a British subject,
CHAPTER 11
he has by his own act
JURISDICTION maintained the bond which
while he was within the realm
JURISDICTION Authority exercised by a state bound him to his Sovereign
over persons and things within or sometimes
outside its territory, subject to certain TERRITORIAL JURISDICTION
exceptions.
Gen. Rule: state has jurisdiction over all persons
JURISDICTION IS CLASSIFIED AS: and property within its territory
1. Personal STATE CANNOT EXERCISE JURISDICTION EVEN

2. Territorial WITHIN ITS OWN TERRITORY OVER:
JURISDICTION MAY BE EXERCISED BY A STATE 1. Foreign states, heads of states,

OVER: diplomatic representatives, and consuls
to a certain degree.
1. Its nationals
2. Foreign state property: embassies, Everything found within the terrestrial

consulates, and public vessels engaged domain of the state is under its
in non-commercial activities jurisdiction.
3. Acts of state Nationals and aliens, including non-
o UNDERHILL VS. HERNANDEZ residents, are bound by its laws.
Every sovereign state is bound The local state has exclusive title to all
to respect the independence of property within its territory.
every other sovereign state,
and the courts of one country MARITIME AND FLUVIAL JURISDICTION
will not sit in judgement on the Internal waters of a state are
acts of the government of assimilated to the land mass and
another, done within its own subjected to the same degree of
territory. jurisdiction exercised over the
4. Foreign merchant vessels exercising the terrestrial domain.
rights of innocent passage or arrival Civil, criminal and administrative
under stress. jurisdiction is exercised by the flag state
o INNOCENT PASSAGE over its public vessels wherever they
Navigation through the may be, provided they are not engaged
territorial sea of a state for the in commerce.
purpose of traversing that sea
w/o entering internal waters THE SCHOONER EXCHANGE VS. MCFADDON
etc. as long as it is not
National ships of war entering the port
prejudicial to the peace, good
of a friendly power open for their
order or security of the coastal
reception are to be considered as
sea.
exempted by the consent of that power
o ARRIVAL UNDER STRESS
from its jurisdiction
Involuntary entrance may be
due to lack of provisions, ENGLISH RULE The coastal state shall have
unseaworthiness of the vessel, jurisdiction over all offenses committed on
inclement weather, or other board such vessels, except only where they do
cases of force majeure, like not compromise the peace of the port.
pursuit by pirates.
5. Foreign armies passing through or FRENCH RULE Flag state shall have jurisdiction
stationed in its territories with its over all offenses committed on board such
permission. vessels, except only where the compromise the
6. Such other persons or property, peace of the port.
including organizations like the UN, by
ANTONI CASE
agreement, waive jurisdiction.
Murder of a Frenchman by another
LAND JURSIDICTION
Frenchman on board a French merchant
vessel in a Mexican port did not disturb regulations within its territory or
the peace of the port. territorial sea.
Contiguous zone ,may not, however,
WINDENHUS CASE extend more than 12 miles from the
The murder of a Belgian by another coast of the state
Belgian on board a Belgian merchant 1982 CONVENTION ON THE LAW OD
steamer in the port of New Jersey was THE SEA Contiguous zone also extends
of such a nature as to disturb 12 miles, but from the outer limits of
tranquillity and public order on shore or the territorial sea.
in the port
THE CONTINENTAL SHELF
Our own SC has held that the English a) To the seabed and subsoil of similar
rule is applicable in this country. areas adjacent to the coasts if islands
The coastal state has the sovereign
It is the right of the coastal state to right to explore the continental shelf
enforce all its laws to the full extent in and to exploit its natural resources.
its territorial waters. It may erect on it such installations and
equipment as may be necessary.
THE PATRIMONIAL SEA

U.S.S. PUEBLO INCIDENT An American vessel
was seized and its crew interned by North Korea The exclusive economic zone or the
for alleged infringement of its territorial patrimonial sea extends 200 nautical
waters. miles from the coast or the baselines.
All living and non-living resources found
ARCHIPELAGIC SEALANES Waters over which therein belong exclusively to the coastal
foreign ships will have the right of passage as if
state.
they were open seas. A foreign vessel need not
go around our internal waters but may use OPEN SEAS
these archipelagic sea lanes in negotiating the
distance from one point of the open sea to Available to the use of all states for
another. purposes of navigation, flying over
them, laying submarine cables or
THE CONTIGUOUS ZONE fishing. In times of war, hostilities may
be waged on the open seas.
In a zone of the high seas contiguous to
its territorial sea, the coastal state may THE LOTUS CASE
exercise the control to: a) prevent
A collision occurred on the high seas between a French
infringement of its customs, fiscal, vessel Lotus and a Turkish vessel Boz-Kourt. The Boz-
immigration or sanitary regulations Kourt sank and killed eight Turkish nationals on board the
within its territory or territorial sea. B) Turkish vessel. The 10 survivors of the Boz-Kourt (including
Punish infringement of the above its captain) were taken to Turkey on board the Lotus. In
Turkey, the officer on watch of the Lotus (Demons), and
the captain of the Turkish ship were charged with
manslaughter. Demons, a French national, was CONVENTION ON OFFENSES AND CERTAIN

sentenced to 80 days of imprisonment and a fine. The
OTHER ACTS COMMITTED ON BOARD AIRCRAFT
French government protested, demanding the release of
Demons or the transfer of his case to the French Courts.
It is the state of registration of the aircraft
Turkey and France agreed to refer this dispute on the that has jurisdiction over offenses and acts
jurisdiction to the Permanent Court of International Justice committed on board while it is in flight or over
(PCIJ). the high seas or any other area outside the
HELD: The first principle of the Lotus case said that territory of any state
jurisdiction is territorial: A State cannot exercise its
jurisdiction outside its territory unless it an international OUTER SPACE
treaty or customary law permits it to do so. This is what
we called the first Lotus Principle. Outer space, or the region beyond the
earths atmosphere, is not subject to
the jurisdiction of any state.
Outer space shall be free for
A STATE MAY EXERCISE JURISDICTION ON THE
exploration and use by all states
OPEN SEAS IN THE FOLLOWING INSTANCES:
without discrimination of any kind.
1. Over its vessels Astronauts shall be regarded as envoys
2. Over pirates of mankind.
3. In the exercise of the right of visit and
CHAPTER 12
search
4. Under the doctrine of hot suits THE RIGHT OF LEGATION
AERIAL JURISDICTION THE EXERCISE OF THE RIGHT OF LEGATION
The consensus appears to be that the One of the most effective ways of
local state has jurisdiction over the facilitating and promoting intercourse
airspace above it to an unlimited among states.
height, or at the most up to where Done through active right of receiving
outer space begins. them, states are able to deal more
directly and closely with each other in
5 AIR FREEDOMS
the improvement of the mutual
1. The freedom to fly across foreign interests.
territory without landing
AGENTS OF DIPLOMATIC INTERCOURSE
2. The freedom to land for non-traffic
purposes Diplomatic relations are normally
3. The freedom to put down traffic conducted through the head of state,
originating in the state of the aircraft the foreign secretary or minister and
4. The freedom to embark traffic destined the members of the diplomatic service.
for the state of the aircraft Head of state may also appoint special
5. The freedom to embark traffic destined diplomatic agents charged with specific
for or to put down traffic originating in ceremonial or political duties.
a 3rd state.
ENVOY CEREMONIAL Sent to attend state CONVENTION ON DIPLOMATIC RELATIONS,

functions like a coronation or a jubilee WHICH WAS SIGNED AT VIENNA IN 1961:
ENVOY POLITICAL Commissioned to negotiate 1. Ambassadors

with a particular state or to participate in an 2. Envoys
international conference or congress. 3. Charges daffaires
HEAD OF STATE DIPLOMATIC CORPS Body consisting of the

different diplomatic representatives who have
Represents the sovereignty of his state been accredited to the same local receiving
He is entitled to certain immunities and state. The diplomatic corps does not possess
honours befitting his status any legal powers or attributes.
MIGHELL VS. SULTAN OF JOHORE Suit was Functions of Diplomatic Missions:
brought for breach of a promise to marry
allegedly made by the defendant we had 1. Representing sending state in receiving state
represented himself as a private individual. The
2. Protecting in receiving state interests of
action was dismissed when he revealed his real
sending state and its nationals
identity as head of an independent state.
3. Negotiating with government of receiving
THE FOREIGN SECRETARY state
Immediate representative of the head 4. Promoting friendly relations between sending

of state and directly under his control. and receiving states and developing their
He can make binding declarations on economic, cultural and scientific relations
behalf of his state on any matter falling 5. Ascertaining by all lawful means conditions
within his authority and developments in receiving state and
The foreign secretary is also the head of reporting thereon to government of sending
the foreign office and has direction of state
all ambassadors and other diplomatic
6. In some cases, representing friendly
representatives of his government. governments at their request
DIPLOMATIC ENVOYS
To whom the regular or day-to-day CONDUCT OF DIPLOMATIC MISSION

conduct of international affairs is
The diplomatic agent must exercise the
entrusted.
utmost discretion and tact, taking care
Who are accredited by the sending always to preserve the goodwill of the
state as its permanent envoys to sending state and to avoid interference
represent it in the states with which it is with its internal affairs.
maintaining diplomatic relations His mission is also under no
circumstance to be used for espionage,
THE HEADS OF THESE DIPLOMATIC MISSIONS the dissemination of propaganda
ARE CLASSIFIED AS FOLLOWS BY THE against the receiving state, or
subversion of its government.
DIPLOMATIC IMMUNITIES AND PRIVILEGES b. An action relating to succession in

which the diplomatic agent is involved
His privileges and immunities are
as executor, administrator, heir or
necessary to give the envoy the fullest
freedom or latitude in the exercise of legatee as a private person and not on
his official functions. behalf of the sending state.
c. An action relating to any professional or
PERSONAL INVIOLABILITY commercial activity exercised by the
The envoy is regarded as sacrosanct and diplomatic agent in the receiving state
is entitled to the special protection of outside his official functions.
his person, honor and liberty. Immunity from jurisdiction may be
DIPLOMATIC CONVENTION: The waived expressly by the sending state
person of a diplomatic agent shall be
inviolable. He shall not be liable to any WHO VS. AQUINO
form of arrest or detention. The
receiving state shall treat him with due Diplomatic immunity is essentially a political
respect and shall take all appropriate question and courts should refuse to look
steps to prevent any attack on his beyond a determination by the executive
person, freedom or dignity
branch of the government, and where the plea
The envoy cannot complain if he is
injured because he himself caused the of diplomatic immunity is recognized and
initial aggression. affirmed by the executive branch of the
The local authorities may also, in government as in the case at bar, it is then the
exceptional cases, lay hands on him if duty of the courts to accept the claim of
he has committed an act of violence immunity upon appropriate suggestion by the
and it is necessary to place him in principal law officer of the government, the
preventive restraint.
Solicitor General in this case, or other officer
acting under his direction.
IMMUNITY FROM JURISDICTION INVIOLABILITY OF DIPLOMATIC PREMISES
Diplomatic agent shall be immune from The premises of the mission shall be
the civil, criminal and administrative inviolable. The agents of the receiving
jurisdiction of the receiving state except state may not enter them except with
in a few specified cases. the consent of the head of mission.
HE SHALL ALSO ENJOY IMMUNITY FROM ITS INVIOLABILITY OF ARCHIVES

CIVIL AND ADMINISTRATIVE JURISDICTION,
The receiving state has no right to pry
EXCEPT IN THE CASE OF:
into the official papers and records of a
a. A real action relating to private foreign diplomatic mission.
immovable property situated in the the archives and documents of the
territory of the receiving state, unless mission shall be inviolable at any time
he holds it on behalf of the sending and wherever they may be
state for the purposes of the mission.
INVIOLABILITY OF COMMUNICATION
The receiving state shall permit and Every person entitled to diplomatic
protect free communication on the part privileges and immunities shall enjoy
of the mission for all official purposes. them from the moment he enters the
In communicating with the government territory of the receiving state on
and other missions and consulates of proceeding to take up his post or, if
the sending state, wherever situated, already there, from the moment his
the mission may employ all appropriate appointment is notified to the foreign
means including diplomatic couriers ministry.
and messages in code or cipher. When his functions have to come to an
end, his privileges and immunities shall
EXEMPTION FROM TESTIMONIAL DUTIES normally cease from moment he leaves
A diplomatic agent is not obliged to the country or on expiry of a reasonable
give evidence as a witness time in which to do so, but shall subsist
He is not prohibited by international until such time even in case of armed
law from doing so and may waive this conflict.
privilege when authorized by his In the exercise of his official functions,
government. immunity shall continue indefinitely as
The Dutch envoy to Washington it is supposed to have attached to him
invoked this right 1856 when he personally but to the state he was
rejected a request to testify in representing
connection with a homicide committed TERMINATION OF DIPLOMATIC MISSION
in his presence and for the prosecution
of which his testimony we necessary. Usual methods of terminating official
relations: death, resignation, removal,
EXEMPTIONS FROM TAXATION abolition of the office, etc. these are
Also from social security requirements governed by municipal law.
under certain conditions. The more important modes are RECALL
Personal baggage is also free from and DISMISSAL
inspection unless there are serious RECALL May demanded by the receiving state
ground when the foreign diplomat becomes persona
THE DIPLOMATIC SUITE OR RETINUE non grata to it for any person.
Immunities and privileges are available DISMISSAL The offending diplomat is simply
not only to the head of mission and his asked to leave the country.
family but also to the other members of The outbreak of war between the
the diplomatic retinue, albeit not in the sending and receiving states terminates
same degree. their diplomatic relations.
DURATION As for the change of the govt.,
diplomatic relations are not disturbed if
the change is peaceful but may be
suspended where it is effected by *commerce and navigation

means of violence *issuance of passports and visas
*duties of protection of nationals
CHAPTER 13
CONSULS *PRINCIPAL DUTY OF CONSULS: promote the
commercial interests of their country in the
*CONSULS state agents residing abroad for receiving state and to observe the commercial
various purposes but mainly in the interest of trends and developments therein for report to
COMMERCE and NAVIGATION their home government
*Consuls are not charged with the duty of *also perform duties relating to navigation
representing their states in political matters nor visiting and inspecting vessels of their own
are they accredited to the state where they are states which may be in the consular district;
supposed to discharge their functions exercising a measure of supervision over such
vessels; adjusting matters pertaining to their
*consuls do not ordinarily enjoy all the internal order and discipline
traditional diplomatic immunities and privileges
although they are to a certain extent entitled to Immunities and Privileges
special treatment under the law of nations *consuls have a right to official communication
and may correspond with their home
Kinds and Grades government or other official bodies by any
*CONSULES MISSI professional or career means including cipher or code without being
consuls who are nationals of the appointing subjected to censorship or unreasonable
state and are required to devote their full time restraint. However, this right may be restricted
to the discharge of their consular duties whenever it is exercised to the prejudice of the
receiving state
*CONSULES ELECTI may or may not be
nationals of the appointing state and perform *Consuls enjoy the inviolability of their archives,
their consular functions only in addition to their which may not be examined or seized by the
regular callings receiving state under any circumstance, nor
may their production or testimony concerning
Appointment them be compelled in official proceedings. But
Consuls derive their authority from two this immunity does not extend to the consular
principal sources: premises themselves, where the legal process
*LETTER PATENT / LETTRE DE may be served and arrests made without
PROVISION commission issued by the sending violation of international law, except only in
state that part where consular work is being
*EXEQUATUR authority given to them performed
by the receiving state to exercise their duties
therein *consular offices may even be expropriated for
8consuls are public officers not only of the purposes of national defense or public utility
sending state but of the receiving state as well
and are governed by the laws of both *criminal offenses: consuls are exempt from
*states may refuse to receive consuls and to local jurisdiction for crimes committed by them
withhold the exequatur from them without in the discharge of their official functions. Other
explanation offenses: fully subject to local law and may be
arrested, prosecuted and punished in proper
Functions proceedings
*consuls are not prosecuted form minor 2. Treaties make possible for the parties
offenses and, when arrested, are given to modify the rules of international
adequate opportunity to secure their release on customary law by means of optional
bail at the earliest possible time principle or standards
* civil suits: instituted against consuls personal 3. They may lead to a transformation of
or private capacity but not in matters unorganized international society into
connected with their official duties one which may be organized on any
*consuls are generally exempted from taxation, chosen level of social integration
custom duties, service in the militia, and social 4. They provide the humus for the growth
security rules and are privileged to display their of international customary law
national flag and insignia in the consulate
although these concessions are considered Essential Requisites of a Valid Treaty
non-essential to the proper discharge of their 1. Entered into by parties with the treaty-
official duties making capacity
*these immunities and privileges are also 2. Through their authorized
available to the members of the consular post, representatives
their respective families, and the private staff. 3. Without the attendance of duress,
Waiver may in general be made by the sending fraud, mistake, or other vice of consent
state. 4. On any lawful subject-matter
5. In accordance with their respective
Termination of Consular Mission constitutional processes
*removal, resignation, death, expiration of term
* the exequatur may also be withdrawn by the Treaty-making process
receiving state, either of the appointing or NEGOTIATION, SIGNATURE, RATIFICATION, AND
receiving state may be extinguished or war may EXCHANGE OF THE INSTRUMENTS OF
break out between them. RATIFICATION
* in the event of war, the consulate is closed
and the archives are sealed and left in the NEGOTIATION one of the parties to submit a
custody of a caretaker usually a consul from a draft of the proposed treaty which, together
neutral state. with the counter-proposals, becomes the basis
* the consul from the belligerent state is of the subsequent negotiations.
allowed to depart for his own country as soon *undertaken directly by the head of the
as possible and without unnecessary state or assigns this task to his authorized
molestation representatives
*if and when the negotiators finally decide on
CHAPTER 14 the terms of the treaty, the same is opened for
TREATIES SIGNATURE.
*signature means of authenticating
TREATY formal agreement, usually but not the instrument and for the purpose of
necessarily in writing, which is entered into by symbolizing the good faith of the parties; but it
states or entities possessing the treaty-making does not indicate the final consent of the state
capacity for the purpose of regulating their *the document is ordinarily signed in
mutual relations under the law of nations. accordance with the alternat, that is, each of
*an executive agreement is NOT a treaty the several negotiators is allowed to sign first
on the copy which he will bring home to his
Functions of Treaties own state
1. Treaties enable parties to settle finally
actual and potential conflicts
RATIFICATION formal act by which a state * a treaty engagement is not a mere moral
confirms and accepts the provisions of a treaty obligation but creates a legally binding
concluded by its representatives. obligation
*Purpose; enable the contracting states * treaties really limit of restrict the
to examine the treaty more closely and to give absoluteness of sovereignty. By their voluntary
them an opportunity to refuse to be bound by it act, nations may surrender some aspects of
should they find it inimical to their interests their state powers in exchange for greater
*EXCHANGE OF THE INSTRUMENTS OF benefits granted by or derived from a
RATIFICATION signifies the effectivity of the convention or pact
treaty unless a different date has been agreed * the sovereignty of a state therefore cannot in
upon by the parties fact and in reality be considered absolute
* restrictions:
Binding Effect of Treaties 1. limitations imposed by the very
*A treaty is binding only on the contracting nature of membership in the family of nations
parties, including not only the original 2. limitations imposed by treaty
signatories but also other states which, stipulations
although they may not have participated in the * DOCTRINE OF REBUS SIC STANTIBUS
negotiation of the agreement, have been constitutes an attempt to formulate a legal
allowed by the terms to sign it later by a principle which would justify non performance
process known as ACCESSION of a treaty obligation if the conditions with
*Instances when 3rd states may be validly held relation to which the parties contracted have
to the observance of or benefit from the changed so materially and so unexpectedly as
provisions of a treaty. to create a situation in which the exaction of
* treaty may be merely a formal performance would be unreasonable.
expression of customary international law *Limitations:
which is enforceable on all civilized states 1. applies only to treaties of indefinite
because of their membership in the family of duration
nations 2. the vital change must have been
* for the maintenance of international unforeseen or unforeseeable and should not
peace and security have been caused by the party invoking the
* parties to apparently unrelated doctrine
treaties may also be linked by the most- 3. the doctrine must be invoked within
favored-nation clause, under which a a reasonable time
contracting state entitled to most-favored- 4. it cannot operate retroactively upon
nation treatment from the other may claim the the provisions of the treaty already executed
benefits extended by the latter to another state prior to the change of circumstances
in a separate agreement
Treaty Interpretation
Observance of Treaties *The basic rule in the interpretation of treaties
*Fundamental rules of international law is is to give effect to the intention of the parties.
PACTA SUNT SERVANDA, which requires the This should be discoverable in the terms of the
performance in good faith of treaty obligations treaty itself
*parties must comply with their commitments *the usual canons of statutory construction are
under a treaty and cannot ignore or modify its employed in the interpretation of treaties
provisions without the consent of the other * read in the light of the whole
signatories instrument and especially for the purposes of
the treaty
* words used are given their natural Acquisition of naturality

meaning unless a technical sense was intended, * By BIRTH or By NATURALIZATION
and * an individual acquires the nationality of the
* when they have different meanings in state where he is born (jus soli) or the
the contracting states, should be interpreted in nationality of his parents (jure sanguinis)
accordance with the usage of the state where * NATURALIZATION process by which a
they are supposed to take effect foreigner acquires, voluntarily or by operation
* doubts should be resolved against the of law, the nationality of another state
imposition of obligations and in favor of the of *DIRECT NATURALIZATION:
the freedom and sovereignty of the contracting a. by individual proceedings, usually
parties judicial under general naturalization laws
* conflicts in treaty interpretations be b. by special act of the legislature
resolved only by agreement of the parties c. by collective change of nationality as
a result of cession or subjugation
Termination of Treaties d. adoption of orphan minors as
1. Expiration of the term nationals of the state where they are born
2. Accomplishment of the purpose * DERIVATIVE NATURALIZATION:
3. Impossibility of performance a. on the wife of the naturalized
4. Loss of the subject-matter husband
5. Desistance of the parties b. on the minor children of the
6. Novation naturalized parent
7. Extinction of one of the parties if the c. on the alien woman upon marriage to
treaty is bipartite a national
8. Vital change of the circumstances under * on our own laws, an alien woman married to a
the doctrine of rebus sic stantibus Filipino shall acquire his citizenship only if she
9. Outbreak of war between the parties herself might be lawfully naturalized
10. Voidance of the treaty because of
defects in its conclusion Multiple Nationality
* DOCTRINE OF INDELIBLE ALLEGIANCE an
CHAPTER 15 individual may be compelled to retain his
NATIONALITY AND STATELESSNESS original nationality notwithstanding that he has
already renounced or forfeited it under the laws
* individual is merely an object and not a of a second state whose nationality he has
subject of international law and is thus not acquired
directly governed by its rules * a state may allow any of its nationals to
* NATIONALITY tie that binds an individual to remain as such even if he may have acquired
his state, from which he can claim protection another nationality as where he is conferred an
and whose laws he is obliged to obey. honorary citizenship by a foreign government
Nationality is membership in a political
community with all its concomitant rights and Loss of Nationality
obligations * voluntary methods renunciation, express or
* CITIZENSHIP applies only to certain implied, and request for release, both of which
members of the state accorded more privileges usually precede the acquisition of a new
than the rest of the people who also owe it nationality
allegiance * involuntary methods forfeiture as a result of
* SUBJECT particular reference to the some disqualification or prohibited act lie
nationals of monarchical regimes enlistment in a foreign army or long continued
residence in a foreign state, and substitution of
one nationality for another following a change * state is not an insurerof the life or property of
of sovereignty the alien, whe he is within its territory
Statelessness * the foreigner is expected to take the

* statelessness is the condition or status of an customary precautions for the protection of his
individual who is born without any nationality own rights and to avail himself of the usual
or who loses his nationality without retaining or
remedies when these rights are violated
acquiring another
* individual is powerless to assert any right that
otherwise would be available to him under
international law. THE DOCTRINE OF STATE RESPONSIBILITY
* Any injury to the individual by a foreign
jurisdiction is not a violation of his own right but * instances when an alien can claim a more
of the right of the state to the protection of its favored position than the national of the local
nationals; the right to complain belongs not to
state and hold the state liable for injuries
him but to the state of which he is a national.
committed against him while within its territory
CHAPTER 16 * a state may be held responsible for:
TREATMENT OF ALIENS a. international deliquency
* every state has the right, as inherent in b. directly or indirectly imputable to it

sovereignty and essential to its own security c. which causes injury to the natonal of
and existence, to determine in what cases and another state
under what conditions foreigners may be
admitted to its territory * liabilty will attach to the state where its
treatment of alien falls below the international
* once it decides to accept them, its standard of justice or wgere it remiss in
competence as territorial soveriegn as limited according him the protection or redress that is
by the requirement that they be treated justly, warranted by the circumstances
in accordance with the law of nations
* FUNCTION: assure the traveler that when his
* the alien canot as a rule claim a preferred rights are violated in a foreign state, he will not
position vis-a-vis the national of the state where be denied any remedy simply because he is not
he is at best only a guest one of its nationals
* the foreigner may not enjoy the right to vote, * encourage more intercourse among
to run for public office, to exploit natural the peoples of the world through inter-
resources or to engage in certain businesses visitation of their respective countries
regarded as vital to the interests of the local
state
* the foreigner must accept the institutions of THE INTERNATIONAL STANDARD OF JUSTICE
the local state
* Standard of th reasonable state, that is, as EXHAUSTION OF LOCAL REMEDIES

referring to the ordinary normsof official
* the liability of the state for an international
conduct observed in civilized jurisdictions.
delinquency, its enforcemnet cannot be claimed
* DOCTRINE OF EQUALITY OF TREATMENT by the injured foreigner unless, he first exhausts
where the laws of state fall below the all available local remedies for the protection or
international standard of justice, it is no vindication of his rights
defense that they are applicable not inly to
aliens but as well, and equally, to the nationals * state must be given an opportunity to do
of that state. The relations of that state with ots justice in its own regular way and without
own nationals are purely municipal; unwarranted interference with its sovereignty
international law is involved in its relations with by other states
the nationals of other states. * this requirement may be dispensed with,
however, if there are no remedies to exhaust,
FAILURE OF PROTECTION OR REDRESS
as where the laws are intrinsically defective or
* state may be held liable if it does not make there is laxity or arbitrariness in their
reasonable efforts to prevent injury to the alien enforcement or where the courts are corrupt or
or, having done so unsuccesfully, fails to repair where there is no adeqaute machinery for the
such injury. administration of justice
* degree of diligence required * there would be NO remedy available from

acts of state which are not subject to judicial
* responsibility does not immediately attach to review
the state upon a showing of a failure to prevent
or redress an injury to aliens RESORT TO DIPLOMATIC PROTECTION
* distinction must be made between direct and * if the injured foreigner has exhausted all the
inirect state responsibility local remedies but without success, he may
then avail himself of the assistance of his states
a. where the imternational delinquency
but only if he has a state. Otherwise, he will
was committed by superior government have no party to represent him, and he by
officials or organs, liability will attach himself, being a mere individual, cannot
immediately as their acts may not be effectively
institute his claim in his own name.
prevented or reversed under the constitution
and laws of the state * any injury to an alien is a violation not of his
own personal rght but of the right of his state to
b. where the offense is committed by hacve its nationals protected but of the right of
inferior government officials or, more so, by his state to have its nationals protected
private individuals, the state will be held liable whenever they are in a foreign country
only if, by reason of its indifferencein
preventing or pushing it, it can be considered to * where the injured alien is stateless, his case
have conived in effect in its commission will be one of DANNUM ABSQUE INJURIA and
cannot be subject of diplomatic protection
* tie of nationality required to exist from the * the state may also avoid liability to aliens by
time of the injury until the time the refusing their admission, but this is not
international claim is finally settled. Once the regarded as sound policy since it would provoke
tie is broken, the claim itselfis deemed retaliation in kind and ultimately isolate its
automatically abated. If, the injured national nationals from the rest of the international
dies while the claim is under consideration and community
it should happen that his hers are not nationals
of the claimant state, the claim will lapse * DEPORTATION: the removal of an
alien out of the country, simply because his
ENFORCEMENT OF CLAIM presence is deemed inconsistent with the public
welfare and without any punishment being
* an international claim for damages may be imposed or contemplated, either under the
resolved through negotiation or, if this fails, any laws of the country out of which he is sent, or
of the other methods of settling disputes
under those of the country to which he is taken
* in the event that the responsibility of the
* EXCLUSION: denial of entry to an alien
state is established or acknowledged, the duty
to make reaparation will arise. Such reparation DEPORTATION EXTRADITION
may take the form of RESTITUTION or
SATISFACTION or COMPENSATION. Unilateral act if the Effected at the
local state request of the state of
AVOIDANCE OF STATE RESPONSIBILITY origin
* to avoid the intervention of the alien's state in Based on causes Based on offenses
contracts, the local state sometimes arising in the local generally committed
incorporates therein what is known as the state in the state of origin
CALVO CLAUSE
Undesirable alien may Calls for the return of
* Calvo Clause stipulation by which be deported to a state the fugitive to the
the alien waives or restricts his right to appeal other than his own or state of origin
to his own state in connection with any claim the state of origin
arising from the contract and agrees to limit
himself to the remedies available under the
laws of the local state.
Basis of Extradition
* calvo clause may be enforced as a
* The extradition of a person is required only if
lawful condition of the contract. However, may
there is a treaty between the state of refuge
not be interpreted to deprive the alien's state of
and the state of origin
the right to protect or vindicate his interests in
case they are injured in another state as such * in the absence of a treaty local state has
waiver can legally be made not by him but by every right to grant asylum to the fugitive and
his own state to refuse to deliver him back to the latter state
even if he is a national
EXCLUSION OF ALIENS
CHAPTER 17
Fundamental Principles of Extradtition SETTLEMENT OF INTERNATIONAL DISPUTES
1. extradition is based on the consent of the

state of asylum
* DISPUTE exists when one state claims that
2. Principle of specialty a fugitive who is another state should have behave in a certain
extradited may be tried only for the crime manner and that claim is rejected by the latter
specified in the request for extradition and
included in the list of offenses in the extradition * actual disagreement between states
regarding the conduct to be taken by one of
treaty
them for the protection or vindication of the
3. any person may be extradited interests of the other
4. political and religious offenders are generally * SITUATION initial stage of a dispute
not subject to extradition
* Dispute is LEGAL involves a justiciable rights
5. in the absence of a special agreement, the based on law or fact susceptible of adjudication
offense must have been committed within the by a judicial or arbitral tribunal.
territory or against the interests of the
demanding state * Dispute is POLITICAL if it cannot be decided
by legal processes on the basis of the
6. Rule of double criminality - the act for which substantive rules of international law because
the extradition is sought must be punishable in the differences of the parties spring from
both the requesting and requested states animosities in their mutual attitudes rather than
from an antagonism of legal rights
Procedure of Extradition
* the solution to such a disputes lies not in the
* if the surrender of a fugitive is sought, a councils of the courts but in the corridors of
request for his extradition is presented through
diplomacy
diplomatic channels to the state of refuge
Methods of settling disputes
* this request will be accompanied by the
necessary papers relative to the identity of the * disputes are required to be settled,
wanted person and the crime he is alleged to conformably to one of the basic principle of the
have committed or of which he has already UN, by peaceful means in such a manner that
been convicted international peace and security, and justice are
not endangered
* upon receipt of request, the state of refuge
will conduct a judicial investigation to ascertain Amicable Methods
if the crime is covered by the extradition treaty
and if there is a prima facie case against the 1. Negotiation generally the first step taken in
the settlement of an international dispute is the
fugitive according to its own laws
discussion undertaken by the parties
themselves of their respective claims and
counterclaims with a view to their just and SETTLEMENT

orderly adjustment.
Arbitral tribunal is an Judicial tribunal is a
* where the talks prosper and ad hoc body created pre-existing and
agreement is reached, it is usually formalized in and filled by the permanent body
a treaty or more directly effected through the parties to the dispute
rectification of the injury caused to the claimant themselves
state
Submission to Jurisdiction -
2. Inquiry investigation of the points in arbitration is voluntary compulsary
question, on the theory that their education will
contribute to the solution of the differences Arbitration The law applied by the
between the parties. proceedings - limited tribunal in judicial
settlement is
3. Good Offices method by which a third party independent of the
attempts to bring the disputing states together will of the parties
in order to enable them to discuss the issues in
contention and arrive at an agreement
4. Mediation third party does not merely * the jurisdiction of the court is not compulsory
provide the opportunity for the antagonists to but dependent on the agreement of the parties
negotiate but also actively participates in their to submit to and be bound by its decisions. Such
discussions in order to reconcile their conflicting consent may be manifested in a treaty
claims and appease their feelings of resentment containing what is called the compromissary
clause
5. Conciliation active participation of a third
party in the attempt of the disputants to settle 8. ACTION BY REGIONAL ORGANIZATIONS
their conflict, and the recommendations made resorted to by the parties at their own volition
by it are likewise not binding. or taken by the body itself at its own instance if
allowed by agreement of the members
6. Arbitration solution of a dispute by an
impartial third party, usually a tribunal created Hostile Methods
by the parties themselves under a charter
1. INTERVENTION
known as the COMPROMIS
2. RETORSIONS retaliation where the acts
7. Judicial Settlement the nature of its
complained of do not constitute a legal ground
proceedings and the binding character of the
of offense but are rather in the nature of
decisions but also in the fact that the disputes
unfriendly acts but indirectly hurtful to other
submitted for adjudication are legal rather than
states
political
3. REPRISALS act of self-help on the part of
the injured state, responding after an
ARBITRATION JUDICIAL unsatisfied demand to act contrary to
international law on the part of the offending The Security Council may recommend
state appropriate measures or methods of
adjustment, taking into consideration:
*they aim to impose on the offending
state reparation for the offense or the return to a. Any amicable measures already
legality in avoidance of new offenses adopted by the parties
b. That legal disputes should as a rule
*Common forms of reprisals be referred to the International
Court of Justice
1. display of force *Where the terms of settlement are rejected by
the parties, the Security Council is empowered
2. occupation of territory
to take more drastic steps
3. pacific blockade
a. PREVENTIVE ACTION it may adopt
such measures not involving the use of armed
force
The United Nations
b. ENFORCEMENT ACTION
* United nations may be asked or may decide
on its own authority to take a hand in its CHAPTER 18
settlement.
WAR
* the security council shall have the jurisdiction
*WAR armed contention between the public
to intervene in;
forces of states or other belligerent
a. all disputes affecting international communities, implying the employment of
peace and security violence among the parties as a means of
enforcing their respective demands upon each
b. all disputes which, have been other
submitted to it by the parties for settlement
* War may exist even without the use of force
* such disputes may be brought to it by:
a. the security council, on its own

motion Outlawry of war
b. the general assembly * war was originally accepted as a legitimate

means of a compulsion, that it was a reaction to
c. any member of the united nations an international delict
d. the secretary general * in only 2 instances is the use of force allowed:
e. any party to the dispute, provided 1. exercise of the inherent right of self-
that in the case of non-members of the UN, defense
they should accept in advance, for the purposes
of the dispute, the obligations of pacific 2. enforcement action
settlement under the Charter
3. treaties of a political nature are automatically

cancelled, but those which are precisely
How are the agreements enforced? intended to operate during war are activated
*the commonly accepted sanctions are: 4. individuals are impressed with enemy
a. protest lodged by one belligerent, usually character
accompanied or followed by an appeal a. nationality test if they are nationals
b reparation for damages is cause by the of the other belligerent wherever they may be
defeated belligerent b. domiciliary test if they are
c. punishment of war criminals domiciled aliens in the territory of the other
belligerent, on the assumption that they
contribute to its economic resources
Commencement of war c. activities test if being foreigners

they are nevertheless participate in the
* War is supposed to commence on the date
hostilities in favour of the other belligerent
specified in the declaration or on the date it is
communicated to the enemy *corporations and other juridical persons are
regarded as enemies if a majority or a
* formality is often not observed as evidenced
substantial portion of their capital stock is in the
by the number of wars that have broken out
hands of enemy national or if they have
without the previous and explicit warning
incorporated in the territory or uner the laws of
required
the other belligerent
* commence from the moment of the first act
5. enemy public property found in the territory
of force committed by one state with the intent
of the other belligerent at the outbreak of
of making war or committed without such
hostilities is subject to confiscation
intent but considered by the other state as
constituting war
Combatants and non-combatants
Effects of the Outbreak of War *Combatants those who engage directly in

the hostilities; may lawfully wage war and are
1. the laws of peace cease to regulate the
thus subject to direct attack from the enemy
relations of the belligerent and are superseded
by the laws of war *Non-Combatants those who do not engage
directly in the hostilities; should not be
2. diplomatic and consular relations between
subjected to attack as they are not supposed to
the belligerents are terminated and their
participate in the actual fighting
respective representatives are allowed to
return to their own countries * The following are regarded as combatants:
1. members of the armed forces

2. irregular forces he obtains or seeks to obtain information in the

zone of operations if a belligerent
a. they are commanded by a person
responsible for his subordinates *spies are subject to the municipal law of the
other belligerent
b. they wear a fixed and distinctive sign
recognizable at a distance * a spy taken in the act cannot be punished
without previous trial
c. they carry arms openly
d. they conduct their operations in

accordance with laws and customs of war Kinds of Warfare
3. levee en masse the inhabitants of * warfare may be waged on LAND or SEA or in

unoccupied territory who, on the approach of the AIR, separately or simultaneously
the enemy, spontaneously take arms to resist
the invading troops without having had time to * most of the rules on aerial warfare have
become obsolete and need to be revised to
organize themselves
make them conform to present realities
4. officers and crew of merchant vessels who
* as for naval warfare, the most serious
forcibly resist attack
difficulties lie in th disagreement among states
as to whether armed merchant vessels are
subject to direct attack
Conduct of Hostilities
*one important rule is that booty or
* three basic principles underlie the rule of personal property found in the battlefield is
warfare subject to confiscation by the belligerent
1. principle of military necessity occupation except only the personal belongings
employ any amount and kind of force to compel of the individual combatants which have no
the complete submission of the enemy with the military value.
least possible loss of lives, time and money THEATRE OF WAR: place where the hostilities
2. principle of humanity use of any are actually conducted
measure that is not absolutely necessary for the REGION OF WAR: greater area where the
purposes of war belligerents may lawfully engage each other
3. principle of chivalry those that
require the belligerents to give proper warning
before launching a bombardment or prohibit Belligerent Occupation
the use of perfidy in the conduct of the
* territory is deemed occupied when it is
hostilities
actually placed under the authority of the
* an individual can only be considered a spy if, hostile army, but this occupation is limited only
acting clandestinely or under false pretenses, to the area where such authority has been
established and can be effectively exercised. It * the army of occupation can only take
is not necessary that every square foot of the possession of cash, funds and realizable
territory in question be actually occupied securities which are strictly the property of the
state, depots of arms, means of transport,
* Belligerent occupation does not result in stores and supplies, and generally movable
transfer or suspension of the sovereignty of the property belonging to the state which may be
legitimate government although it may at the used for military operations
moment be unable to exercise it. The
belligerent occupant cannot perform such acts *the occupying state shall be regarded only as
as declaring the independence of the occupied administrator and usufructuary of public
territory or requiring its inhabitants to renounce buildings, real estate, forest, agricultural estates
their allegiance to the lawful government belonging to the hostile state and situated in
the occupied territory
* the belligerent is required to restore and
ensure public order and safety while respecting,
unless absolutely prevented, the laws in force in
the country. Postliminium
* the belligerent occupant may promulgate new * persons or things taken by the enemy are
laws, non-political as well as political, provided restored to the former state on coming actually
they do not contravene the general accepted into the power of the nation to which they
principles of international law. The political laws belong
are automatically abrogated upon the end of * JUS POSTLIMINIUM reinstatement of the
the occupation but the non-political laws may authority of the displaced government once
continue even beyond the occupation unless control of the enemy is lost over the territory
they are expressly repealed or modified by the affected
legitimate government
* upon the end of a belligerent occupation, the
* it is permitted for the belligerent occupant to laws of the re-established government are
introduce military currency, provided the revived and all acts taken by the belligerent
purpose is not to debase the countrys economy occupant which it could not legally do under the
* private property cannot be confiscated, but law of nations, as well as lawful acts of a
those susceptible of military use may be seized, political complexion, are invalidated
subject to restoration or compensation when
peace is made
Non-Hostile Intercourse
* the property of municipalities and of
institutions dedicated to religion, charity and FLAG OF TRUCE white flag carried by an
education, and the arts and sciences, even individual authorized by one belligerent to
when state owned, shall be treated as private enter into communication with the other
property and their destruction is expressly
forbidden
CARTELS agreements to regulate intercourse Usually in writing May be oral

during war on matters as postal and telegraphic
communication
PASSPORT written permission given by the * CEASEFIRE unconditional stoppage of

belligerent government or its authorized agent hostilities by order of an international body
subjects of the enemy state to travel generally * TRUCE regarded as ceasefire with conditions
in belligerent territory attached
SAFE-CONDUCT pass given to an enemy * CAPITULATION surrender of military forces,
subject or to an enemy vessel allowing passage
places or districts in accordance with the rules
between defined points of military honor
SAFEGUARD protection granted by a
commanding officer either to enemy persons or
property within his command Termination of war
LICENSE OF TRADE permission given by the 1. cessation of hostilities

competent authority to individuals to carry on
trade even though there is a state of war 2. conclusion of a negotiated treaty of peace
3. defeat of one of the belligerents followed by

a dictated treaty of peace
Suspension of Hostilities
* Principle of uti possidetis property or
* SUSPENSION OF ARMS temporary cessation territory in the possession of the respective
of the hostilities by arrangement of the local belligerents upon the termination of the war is
commanders for such purposes as the gathering retained by them
of the wounded and the burial of the dead.
* Status quo ante calls for the complete
* ARMISTICE suspension of all hostilities restoration to their former owners of property
within a certain area or in the entire region of or territory that may have changed hands
war agreed upon by the belligerent during the hostilities, with the exception only of
governments usually for the purpose of prize and booty
arranging the terms of the peace
* war is supposed to end with the re-
ARMISTICE SUSPENSION OF establishment of peace but the precise date is
ARMS not easily fixed in view of the different methods
of terminating the state of hostilities
Purpose: political Purpose: military
May be concluded by May be agreed upon

the commanders-in- by the local Aftermath of War
chief commanders
* one of the inevitable consequences of war s
the implied judgment, right or wrong, that the
vanquished belligerent is the guilty party in the * intended to operate in time of peace
dispute that caused the hostilities. as well as in time of war
* treaty of peace imposed by the victor upon *Only states may become neutral but portions
the defeated state is regarded as a punishment of states may be neutralized
as is sustained on the ground although marked
by the vice of duress that normally would
invalidate other agreements Laws of Neutrality
*nationals of the vanquished state may be a. Relations of the belligerent states with
protected and punished as war criminals and the neutral state
for other violations of international law. They b. Relations of the belligerent states with
may not escape responsibility on the ground the nationals of the neutral state
that they were merely acting on orders of their
state
Relations of belligerent States and Neutral
States
CHAPTER 19 * a neutral state has the right and duty to

abstain from taking part in the hostilities and
NEUTRALITY from giving assistance to either belligerent;
prevent its territory and other resources from
* A state is said to be neutral if it does not take
being used in the conduct of hostilities by the
part, directly or indirectly, in a war between
belligerents, and to acquiesce in certain
other states.
restrictions and limitations that the belligerent
may find necessary to impose, especially in
connection with international commerce
Neutrality and Neutralization
* belligerents are bound to respect the status of
* neutrality dependent solely on the attitude the neutral state
of the neutral state, which is free to join any of
the belligerents any time it sees fit
* governed by the law of nations Use of Neutral Territories
*obtains only during war * neutral territory is inviolable and cannot be

used by the belligerents for the movement of
* neutralization result of a treaty wherein the troops and the undertaking of military
duration and the other conditions of the operations in general
neutralization are agreed upon by the
neutralized state and other powers * use of neutral territory is not completely
barred to the belligerents (example: passage of
* this agreement governs the conduct sick and wounded troops)
of signatories
* neutral state may give refuge to troops from * neutral state may not send military
the belligerent forces contingents, extend loans or even sell for
valuable consideration, supplies of war to either
* escaped prisoners of war need not be or both of the belligerents
detained by the neutral state but must be
assigned a place of residence if they are allowed * neutral state is not obliged to prevent the
to remain export from or transit through its territory of
war supplies purchased from private traders by
*warships may not enter neutral ports, the belligerents in the ordinary course of
roadsteads and harbours except only in cases of commerce, it is required to take reasonable
unseaworthiness. The usual duration of the diligence in preventing the delivery of vessels
sojourn is 24 hours but this may be shortened constructed and armed in its territory for use by
or extended, depending on the reason for the any of the belligerents
entry. Thus, the vessel must leave as soon as it
has been re-provisioned Relations of Belligerent States with Nationals
of Neutral states
*General rule: repairs in their territory of
damage sustained by a warship in battle * neutral states enact legislation to avoid their
permitted so long as they are not intended to involvement in foreign wars as a results of the
increase the fighting force of the vessel. acts of their nationals
*not more than 3 vessels from any belligerent * neutral states are free to allow their nationals
shall be allowed simultaneously in the same to deal, in their private capacity, with any of the
neutral port or waters belligerents
* territorial waters of a neutral state must * international law considers the relationship as
never be used as asylum for belligerent vessels strictly between the individual and the
under pursuit or attack by the enemy belligerent states and whatever hardships may
be suffered by its nationals as a result thereof
* passage of military aircraft belonging to the must, as a rule, be acquiesced in by the neutral
belligerents is not allowed across the airspace state
of a neutral state.
*where a belligerent aircraft is forced to land on

neutral territory, the same should be detained Visit and Search
and its officers and crew interned
* belligerent warships and aircraft have the
right to visit and search neutral merchant
vessels on the high seas for the purpose of
Use of Neutral Facilities and Services determining whether they are in any way
* it is prohibited from giving belligerents any connected with the hostilities
form of direct assistance in connection with the * the vessels may be captured as prize if they
conduct of hostilities. are engaged in hostile activities, if they resist to
visit and search, or if there is reasonable by the belligerent forces are also liable to
suspicion that they are liable to confiscation seizure
* the cargo of these vessels may also be * contraband are subject to condemnation
captured under certain conditions, as when
they are contraband * DOCTRINE OF INFECTION if they are shipped
together with innocent goods belonging to the
*Prize is not confiscated summarily but must be same owner; the latter may also be confiscated
brought to a prize court for adjudication
* contraband are liable to capture from the
*PRIZE COURT is a tribunal time they leave the port in which they are
established by a belligerent under its own laws, loaded and until they reach their final hostile
and applies rules of international law in the destination
absence of special municipal legislation.
* DOCTRINE OF ULTIMATE DESTINATION
Contraband liability of the contraband to capture is
determined not by their ostensible but by their
* contraband term applied to goods which, real destination
although neutral property, may be seized by a
belligerent because they are useful for war and * even if the vessel intends to stop at an
are bound for a hostile destination intermediate neutral port, it will still be
considered as in one continuous voyage
* ABSOLUTE CONTRABAND necessarily useful provided it can be shown that its cargo will
for war under all circumstances ultimately be delivered to a hostile destination
* subject to seizure so long as they are * DOCTRINE OF CONTINUOUS VOYAGE when
bound for enemy or enemy-held territory the goods are reloaded at the intermediate port
* CONDITIONAL CONTRABAND both civilian on the same vessel
and military purposes * DOCTRINE OF CONTINUOUS TRANSPORT
*may be seized only when it can be when they are reloaded on another vessel or
shown that they are destined for the armed other form of transportation
forces or the authorities of the belligerent
Blockade
government
*Blockade hostile operation by means of
* FREE LIST includes goods useful for war and
which the vessels and aircraft of one belligerent
bound for the belligerents but exempted from prevent all other vessels, including those of
the law on contraband for humanitarian neutral states, from entering or leaving the
reasons ports or coasts of other belligerent, the purpose
* DOCTRINE OF ULTIMATE CONSUMPTION being to shut off the place from international
goods intended for civilian use which may commerce and communication with other
ultimately find their way to and be consumed states
*Pacific blockade applies only to the vessels of with a view to the transmission of information
blockaded state and does not affect the vessels in the interest of the enemy; OR
of other states
2. if with the knowledge of the owner, or the
*Requisites of blockade: one who charters the entire vessel, it is
transporting military detachment of enemy or
a. binding duly communicated to the neutral one or more persons who, during the voyage,
states lend direct assistance to the operations of the
b. effective it is maintained by adequate force enemy
so as to make ingress to or egress from the port * a neutral vessel is also liable to condemnation
dangerous and to be treated as a merchant vessel of the
c. established by the proper authorities of the enemy:
belligerent government
1. takes a direct part in the hostilities
d. limited only to the territory of the enemy and 2. if it is under the orders or control of an agent
not extended to neutral places or international placed on board by the enemy government
rivers
3. chartered entirely by the enemy government
e. impartially applied to all states alike
4. if it is at the same time and exclusively either
* the liability of a neutral vessel to capture for devoted to the transport if enemy troops or the
breach of blockade is contingent on its
transmission of information
knowledge, actual or presumptive of the
blockade and continues as long as it is pursued
by the ships of the blockading force after it has
left or tried to enter the blockaded port Angary
* by the right of angary a belligerent may,

upon payment of just compensation, seize, use
Unneutral Service or destroy, in case of urgent necessity for
purposes of offenses or defense, neutral
* consists of acts, of a more hostile character property found in its territory, in enemy
than carriage of contraband or breach of territory, or on the high seas
blockade, which are undertaken by merchant
vessels of a neutral state in aid of any of the * THREE REQUISITES
belligerents
1. that the property is under the control or
* a neutral vessel is liable to condemnation for jurisdiction of the belligerent
unneutral service:
2. thet there is urgent necessity for the taking
1. if it is making a voyage special with a view to
the transport of individual passengers who are 3. that just compensation is paid to the owner
embodied in the armed forces of the enemy or Termination of Neutrality
1. when the neutral state joins the war
* neutral state will be governed by the

laws of war in its relations with the other
belligerents and by the laws of neutrality in its
relations with all other states
2. upon conclusion of peace
*all states will again be governed by the

laws of peace

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PUBLIC INTERNATIONAL LAW (CRUZ) |2014

BETIA| MENOR |REAMICO

PUBLIC INTERNATIONAL LAW established difference between

GENERAL PRINCIPLES MUNICIPAL LAW INTERNATIONAL

to its nationals. The position of the Philippines regarding this

maintain the goodwill and favourable conscience, morality, justice and

c. General principles of law SUBJECT OF INTERNATIONAL LAW- is the entity

government exercising power over the purpose of representing any

THE VATICAN CITY When a portion of the population rises up in

THE U.N. CHARTER efforts to achieve their common

QUALIFICATIONS: 2/3 vote of those present and voting in

grounds of persistently violating the principles peaceful adjustment of any

would be called upon to provide the - NON-PROCEDURAL MATTERS are those

o Solutions of international o Provide for periodic visits to

contracted by it in the ordinary course government may be that of a mere

1. full diplomatic relations are established 1. That which is established by the

RECOGNITION OF A STATE V. 1. WILSON/ TOBAR DOCTRINE

- may be withdrawn and does not 2. KELSEN DOCTRINE

1. government is stable and effective

recognition. It acknowledges a predecessor in the territory of the

- Does not produce the same effect as

CHAPTER 7 Nothing in the present charter

5. Use of armed forces within the territory o External sovereignty is more

1. When such action is agreed upon in a

2 ASPECTS Recent events have called for a re-

THE DRAGO DOCTRINE Par in parem non habet imperium

DISCOVERY AND OCCUPATION

CHAPTER 10 Original mode of the acquisition by

2. Administration absolute and undisputed possession of

Performs the function of barring other conditions must concur:

ACCRETION Mode of acquiring territory based BAYS Well-marked indentation whose

METHODS OF DEFINING THE TERRITORIAL SEA 2. Terrestrial domain

1. Personal STATE CANNOT EXERCISE JURISDICTION EVEN

JURISDICTION MAY BE EXERCISED BY A STATE 1. Foreign states, heads of states,

2. Foreign state property: embassies, Everything found within the terrestrial

THE PATRIMONIAL SEA

manslaughter. Demons, a French national, was CONVENTION ON OFFENSES AND CERTAIN

AERIAL JURISDICTION THE EXERCISE OF THE RIGHT OF LEGATION

ENVOY CEREMONIAL Sent to attend state CONVENTION ON DIPLOMATIC RELATIONS,

ENVOY POLITICAL Commissioned to negotiate 1. Ambassadors

HEAD OF STATE DIPLOMATIC CORPS Body consisting of the

Immediate representative of the head 4. Promoting friendly relations between sending

To whom the regular or day-to-day CONDUCT OF DIPLOMATIC MISSION

DIPLOMATIC IMMUNITIES AND PRIVILEGES b. An action relating to succession in

IMMUNITY FROM JURISDICTION INVIOLABILITY OF DIPLOMATIC PREMISES

HE SHALL ALSO ENJOY IMMUNITY FROM ITS INVIOLABILITY OF ARCHIVES

suspended where it is effected by *commerce and navigation

* words used are given their natural Acquisition of naturality

Statelessness * the foreigner is expected to take the

CHAPTER 16 * a state may be held responsible for:

TREATMENT OF ALIENS a. international deliquency

* every state has the right, as inherent in b. directly or indirectly imputable to it

* Standard of th reasonable state, that is, as EXHAUSTION OF LOCAL REMEDIES

* degree of diligence required * there would be NO remedy available from

Fundamental Principles of Extradtition SETTLEMENT OF INTERNATIONAL DISPUTES

1. extradition is based on the consent of the

counterclaims with a view to their just and SETTLEMENT

a. the security council, on its own

b. the general assembly * war was originally accepted as a legitimate

d. the secretary general * in only 2 instances is the use of force allowed:

3. treaties of a political nature are automatically

Commencement of war c. activities test if being foreigners

Combatants and non-combatants

obtains only during war neutral territory is inviolable and cannot be