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PUBLIC INTERNATIONAL LAW REVIEWER 1.

Equity
2. Consideration of humanity A province in the Philippines cannot be a signatory of a treaty (although a US state, technically,
I. Preliminary Topics 3. Legitimate interests can)

I-A. Introduction: Nature of International Law Security council resolutions binding on the world Parties may agree that the treaty is so important, even if a minority sign it, it will bind the parties

International law Law governing relations between sovereign nations General assembly resolutions generally not binding (Tanakas dissent can be an example of Difference between executive agreement and treaty:
custom being formed by vote, known as the parliamentary custom) 1. Creating policy treaty
Compared to Philippine law: 2. Implement an existing treaty (or isolated transaction) executive agreement
1. Philippine law is codal and obligatory due to sanctions by a sovereign If a state, subsequent to a custom begins to object and in the unlikely event more states follow it, a a. E.g. Australian warship wants to pass; buy a couple of tons of rice
a. Generally local law governs but Philippine constitution adopts new custom can be created already
international law as the law of the land hence, it has the power of Proving consent:
statute (as implemented by the courts) UDHR international law for the SC in the Philippines (some authors disagree) 1. Ratification of the State
2. International law is generally provided by custom and is not binding (sovereignty of 2. Accession
states) Custom: Jurisprudence: 3. Exchange of instruments constituting a treaty
a. International law can be ignored freely (no enforceability) Asylum Case Colombia cannot unilaterally qualify a crime as political, absent any 4. Acceptance
b. At the cost of backlash from other sovereign countries custom in the region to that effect 5. Approval
North Sea Continental Shelf Cases Equidistance principle is not yet custom;
Relationship between states Interdependent and Independent Germany signed, but did not ratify the treaty defining it; adoption is not wide spread Philippine Constitution provisions on treaties:
enough, existence of custom alone is not enough to create custom 1. Foreign bases
I-B. Sources of International Law Paquete Habana It is established custom over many centuries that fishermen are 2. Foreign loans
excluded from being considered prizes of war 3. Law of the land
Generally: Lotus Case Joint jurisdiction is custom when 2 vessels collide 4. SC en banc to determine constitutionality
Case Concerning Right of Passage over Indian Territory Armed passage was not
Generally, international law is adopted by custom considered a right; the custom was to ask permission, which formed opinion juris Rules on application of treaty and law:
Nuclear Test Cases Opinio juris established by TV announcement of France to 1. If treaty is self-executing will govern
SICJ Article 38 The court shall apply: bind itself not to conduct nuclear testing above ground 2. If not self-executing law will govern
1. International conventions (whether general or particular), establishing rules expressly Nicaragua v. US US violated the sovereignty of Nicaragua; not a case of collective 3. Law and treaty are equal, so later provision (if self-executing) will apply
recognized by the contesting states self-defense
2. International custom evidence of general practice accepted as law States can enter into treaties covering any subject except for jus cogens; they will be void ab initio,
Dissenting Opinion of Judge Tanaka in SW Africa The mandate is a breach of
3. General principles of law recognized by civilized nations examples:
international law; custom can be founded by a sudden shift in the worlds perception
4. Subject to the provisions of Art. 59, judicial decisions and the teachings of the most 1. Piracy
Republic v. Sandiganbayan UNDHR is law of the land, it operates to protect the
highly qualified publicists of various nations, as subsidiary means for the 2. Unlawful use of force
rights of citizens, even during the interregnum
determination of rules of law 3. Slavery
4. Genocide
Treaties:
Art. 59 Decision of the court has no binding force except between the parties and in respect of 5. Human rights violations
that particular case (but it is considered a source)
Treaty according to Vienna Convention:
G.R. Termination of treaties; fundamental changes once the elements are proved:
1. International agreement
Sources of international law may be: 1. Must not have been foreseen
2. Concluded between states
1. Formal quasi-constitutional 2. Circumstance was essential basis for the states consent
3. Written form
2. Material evidence of a custom 3. Produced radical change in the obligation of the state
4. Governed by International Law
Exceptions:
5. Embodied in a single (or 2 or more) related instrument/s
General principles of law (as a source of international law) common principles of law applicable 1. Humanitarian norms
6. Whatever its designation
to almost all systems of law (e.g. unjust enrichment, estoppel, res judicata, equity) 2. Boundaries (even if there is a succession from one state to another, boundaries must
be respected)
Treaties cannot be entered into by a state and an international organization (VCLT) however, it
Custom:
can be considered an obligatory contract
Invalidity of treaties caused by
Elements of custom: 1. Error of fact (unless state contributed to its own error)
Treaties create rights and obligations (similar to private contracts)
1. Duration/consistency 2. Fraud
2. Generality of practice 3. Corruption
3rd parties may ratify treaties as custom
3. Uniform 4. Duress
4. Opinio Juris (principle of law recognized as binding) most important 5. Violates Jus Cogens
Baxter paradox - until a treaty is amended, it will arrest future development of customary
international law
Philippine constitution makes international law, the law of the land Philippine Constitution:

Sources of international law (in general): ARTICLE 7 SECTION 20. The President may contract or guarantee foreign loans on behalf of
Who can enter into a treaty (from the Philippines):
1. Treaties consent by signing the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject to
1. Possesses full powers
2. Customs consent by doing such limitations as may be provided by law. The Monetary Board shall, within thirty days from the
2. President
3. Principles consent by municipal law end of every quarter of the calendar year, submit to the Congress a complete report of its
3. Sec. of Foreign Affairs
4. Most highly qualified publicists decisions on applications for loans to be contracted or guaranteed by the Government or
5. Decisions (subject to Art. 59) government-owned and controlled corporations which would have the effect of increasing the
Presumption of full powers:
foreign debt, and containing other matters as may be provided by law.
1. Heads of state
Relativity of customs:
2. Head of diplomatic mission
1. Persistent objector ARTICLE 7 SECTION 21. No treaty or international agreement shall be valid and effective
3. Sec. of Foreign Affairs
2. Subsequent objector unless concurred in by at least two-thirds of all the Members of the Senate.
4. Appointed by the president and leads a delegation to a conference
3. Bilateral relations (local customs)
ARTICLE 18 SECTION 25. After the expiration in 1991 of the Agreement between the Republic
Example: Can the Philippine Ambassador to Canada enter a treaty with Canada?
Other material sources: of the Philippines and the United States of America concerning Military Bases, foreign military
1. Depends on delegation of full powers
1. Conclusion of international conferences bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly
2. Signing without authority will not bind the Philippines (although it can be ratified)
2. General resolutions concurred in by the Senate and, when the Congress so requires, ratifed by a majority of the votes
3. Writing of publicists cast by the people in a national referendum held for that purpose, and recognized as a treaty by
Treaty takes effect:
4. Codification and work of international law commissions the other contracting State.
1. Both parties have signed
2. Both parties have ratified
Other considerations for deciding cases: EO 459
3. Both parties exchange the documents of ratification
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2. Monism drawn from the same pool of law Austro-German Customs Union Case When you are defining independence, the
Treaties: Jurisprudence: important fact is that the country is not under the influence of a foreign power
Legal Status of Eastern Greenland Monism and Dualism: Jurisprudence: French Indemnity of 1831
Nuclear Test Cases Exchange of Greek and Turkish Populations Case Local laws cannot be invoked; Case Concerning Rights of Nationals of the USA in Morocco
Interpretation of Peace Treaties Case not local courts, but mixed commission to decide on the term domicile Admission to the League of Lichtenstein
Reservations to the 1948 Convention on the Prevention and Punishment of Brazilian Loans Case Cannot be payable based on French law (gold); no express Tinoco Arbitration even a government not recognized by others can be considered
Genocide stipulation; mention of contract being payable in London and Rio shows intent to a de facto government with rights and obligations
Legal Consequences for States of the Continued Presence of South Africa in subject contract to Brazilian law Western Sahara Case Spain left and Morocco claimed the land, it cannot be, since
Namibia Head Money Cases: Edye v. Robertson Both treaty and act are at the same level, nomads had been living on the land, there was a population
Goldwater v. Carter later one will prevail (if treaty is self-executing) Commonwealth of Australia v. State of New South Wales New South Wales is not
Fisheries Jurisdiction Case Dependence on fishing is not considered rebus sic Fujii v. California If not self-executing, state law will apply over treaty a foreign state, it can then be sued without its consent
stantibus, it is not so burdensome to make it an essentially different obligation Internationa Status of South-West Africa
Gabcikovo-Nagymaros Project Case II. Personality and Recognition Legal Consequences for States of the Contineued Presence of South Africa in
Fujii v. California If not self-executing, state law will apply over treaty Namibia
Bayan v. Zamora VFA is valid despite it being only an executive agreement in the II-A. Generally: Subject and Objects of International Law Opinions of the Arbitration Conference, European Commission Conference on
US; US still bound to comply with the treaty Yugoslavia
Nicolas v. Romulo International organizations less power than a state, but can still enter into agreements Accordance with International Law of the Unilateral Declaration of Independence in
1. Established by treaty re: Kosovo Declaration of independence itself does not violate international law
Lim v. Exec. Sec. Balikatan is a valid executive agreement despite no concurrence
2. Only binds states that entered into treaty
from the Senate because it only applies the existing VFA In re: Seccession of Quebec Self-determination is prohibited by international law
3. E.g. ADB, treaty that created bank is its articles of incorporation
Pimentel v. Exec. Sec. President cannot be compelled to submit treaty to senate (except colonies); every state has the right to territorial integrity; unilateral secession
for ratification (mandamus does not lie) will cause international disorder
Individuals can now be charged in international court
Renato v. Rosario Province of North Cotabato v. GRP Peace Panel
Paharmaceutical v. DOH Milk Code, World Health Assembly resolutions do not II-B. Statehood:
form part of the law of the land without transformation; IRR invalid II-D. International Organizations
Abaya v. Ebdane Exchange of notes is valid to bind a country Requisites (Montevideo convention):
Province of North Cotabato v. GRP Peace Panel MOA-AD between GRP and MILF Organizations, the UN and others:
1. Permanent population
is not a treaty 2. Defined territory
Bayan Muna v. Romulo Non-surrender agreement to ICJ is valid since ICJ only has United Nations:
3. Government
subsequent jurisdiction 1. Goal is to keep peace between the nations
4. Capacity to enter into relationships with other states
China National Machinery v. Santamaria China National Machinery entered into a 2. Encourage economic cooperation between and among nations
contract with a GOCC, neither representing either the Philippines or China 3. Seeks to prevent war and aggression
Theories of recognition:
Deutsche Bank AG Manila v. CIR 4. Created from the League of Nations failure that led to the 2nd World War
1. Declaratory theory recognition only declares the existence of a state
Saguisag et. Al. v. Exec. Sec. 2. Constitutive theory recognition is the operative act that creates the state
Primary organs of the UN:
1. Secretariat
General Principles: Failed state:
2. Security council - enforcement of security and peace keeping issues
1. Geographical/territorial aspect
3. General Assembly
Bernas 17-19, 58-70 2. Political aspect
4. Economic Committee
3. Functional aspect
5. Trusteeship
General Principles: Jurisprudence:
International Status of South-West Africa (Opinion of McNair) Declaration on Rights and Duties of States (divided into rights and duties):
Security council permanent members (permanent veto powers):
Diversion of Waters from the River Meuse Every State has the right to:
1. US
Filartiga v. Pena-Irala 1. Independence
2. China
Trendtex Trading v. Central Bank of Nigeria 2. Exercise Jurisdiction
3. Russia
Tanada v. Angara 3. Equality with other states
4. Germany
Mijares v. Hon. Ranada 4. Self-defense
5. France
Medellin v. Texas Every State has the duty to:
1. Not to intervene with another state
G.R. UN Art. 2 UN will not interfere in domestic matters
Writings and Other Sources: 2. Not to forment civil strife
Exceptions:
3. Protect human rights in its jurisdiction
1. Crimes against humanity; or
Publicists are only resorted to if you cannot find a source in the first 3 (subsidiary); examples: 4. Not to be a menace to international order
2. War crimes
1. Dissenting opinions of judges 5. Peacefully settle disputes
2. Textbook writers 6. Not use war as a national policy
International Court of Justice judicial body of the UN
7. Not to assist states using war
1. Handles cases and arbitration
Writings and Other Sources: Jurisprudence: 8. Not to recognize acquisitions made in war
2. Jurisdiction is consensual:
9. To carry out in good faith treaties and international law, and not to invoke internal law
Legal Status of Eastern Greenland a. Parties must submit themselves to the jurisdiction of the ICJ
10. Practice international law and sovereignty in relation to other states
Nuclear Tests Case b. Or treaties must show that the country has already earlier submitted
themselves to jurisdiction
Guiding considerations in drafting rights and duties:
Soft Law statement what international law could/should be:
1. Should be in harmony with the provisions of the UN charter
1. Resolutions believing as to what should happen 2 types of decisions:
2. Applicable only to sovereign States
2. Recommendatory can become customary international law if widely accepted after 1. Contested
3. Envisage all the sovereign States of the world and not only the members of the UN
time 2. Advisory - general assembly can ask for it
4. Embrace certain basic rights and duties of States
a. E.g. UNDHR
International Criminal Court Tries cases of war crimes, genocide etc.
Declaration on the Granting of Independence to Colonial Territories and Peoples
I-C. International Law and Domestic Law: 1. They can no longer impose death penalty
2. It only has complimentary jurisdiction (when national courts fail or refuse to act on a
G.R. Secession and self-determination is not allowed
Monism and Dualism case)
Exception: Colonies (post WW2, colonialism was defined as a violation of human rights); colonies
can secede, but it will then leave it up to other countries to recognize the statehood of the
Definition: European Economic Treaty: Article 211 The Community shall in each of the Member States
declaring state
1. Dualism international law and domestic law are 2 different pools of law; they differ possess the most extensive legal capacity accorded to legal persons under their respective
due to: municipal law; it may, in particular, acquire or transfer movable and immovable property and may
II-C. Recognition of States and Governments
a. Source sue and be sued in its own name. For this purpose, the Community shall be represented by the
b. Regulation Commission.
Recognition of States and Governments: Jurisprudence:
c. Substance
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EU full integration into a single unit Rocks cannot sustain human habitation; no EEZ and no continental shelf
1. EU has full economic and monetary union while ASEAN is merely an economic Treaty limits of the Philippines
cooperation Freedom of the high seas:
2. Both are trying to implement the FTAs South China Sea 1. Freedom of navigation
3. EU has (ASEAN does not): 2. Freedom of overflight
a. EU Committee New Baselines Law 3. Freedom of fishing
b. Bail-out plan 4. Freedom to lay submarine cables and pipelines
c. Central legislative body Convention on International Civil Aviation applicable only to civil aircraft (not to state aircraft 5. Freedom to construct artificial islands and structures
d. Countries can opt out of the central fiscal and currency system (e.g. military, customs or police) 6. Freedom of scientific research
UK) 1. No state aircraft of a contracting state shall fly over territory of another state without
authorization Hot pursuit: requisites:
ASEAN Charter more or less a declaration of principles with minimal self-executing parts; 2. Contracting states shall have due regard for safety of navigation of aircraft 1. Good reason to believe that ship has violated laws or regulations of a coastal state
common economic and security goals for the region based on mutual cooperation 3. Contracting states shall not misuse civil aviation for purposes inconsistent with the 2. Pursuit must commence when the foreign vessel if within EEZ
convention 3. It may continue to high seas if uninterrupted
International Organizations: Jurisprudence: 4. Right of non-scheduled flights for civil aircraft 4. Hot pursuit must stop as soon as the ship enters the territorial waters of another state
Reparations for Injuries Suffered in the Service of the UN the UN has legal 5. Scheduled air services need prior permission 5. Ship pursuing must be a clearly marked warship
personality to sue for damages/reparations; states that are signatories have 6. Each state has the right to refuse cabotage (allowing domestic flights)
expressly recognized the UNs existence and are bound by treaty States are required to peacefully settle disputes
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space,
Individuals and Corporations: including the Moon and Other Celestial Bodies, principles: Phil Consti Art. 2:
1. The exploration and use of outer space shall be carried out for the benefit and in the
Individual International Personality: interests of all countries and shall be the province of all mankind; Territory: Jurisprudence:
1. The individual has limited international personality 2. Outer space shall be free for exploration and use by all States; Island of Palmas Case Netherlands had established acts of sovereignty over the
2. They have procedural rights 3. Outer space is not subject to national appropriation by claim of sovereignty, by island; sovereignty and exercise of jurisdiction trumps cession by treaty
3. Right are much less than countries though, there is a limited locus standi means of use or occupation, or by any other means; Clipperton Island Case Not terra nullius since it was occupied and claimed by
4. States shall not place nuclear weapons or other weapons of mass destruction in orbit France; short-term sending of gunboats and building settlements by Mexico cannot
Corporate International Personality: or on celestial bodies or station them in outer space in any other manner; be seen as a better claim
1. Vazquez - direct v. indirect obligations of corporations; To protect 3rd world countries 5. The Moon and other celestial bodies shall be used exclusively for peaceful purposes; Miniquers and Echeros Case UK is nearer, islands were under British control, so
from super corporations; proper to impose indirect obligations and standards 6. Astronauts shall be regarded as the envoys of mankind; they belong to the UK
2. They have personality to be sued - these super corporations should be liable to 7. States shall be responsible for national space activities whether carried out by Legal Status of Eastern Greenland Denmark has a better right because of
countries who cannot fight their influence (disempowered states) governmental or non-governmental entities; establishment of colonies and historical fishing grounds
3. They cannot be held directly liable, but they can be held indirectly liable 8. States shall be liable for damage caused by their space objects; and Western Sahara Case Nomads living in the area means it is not considered Terra
4. If only the individuals were liable, there would be no point to corporations 9. States shall avoid harmful contamination of space and celestial bodies. Nullius even after Spain left (terra nullius needs no occupation at all)
Chamizal Arbitration Rio Grande shifted toward Mexico during flooding; ICJ ruled
UNCLOS Article 97 Penal jurisdiction in matters of collision or any other incident of navigation: that if it was a violent shift, US would be entitled to the land by Avulsion
Individuals and Corporations: Jurisprudence: 1. In the event of a collision or any other incident of navigation concerning a ship on the Fisheries Case Measure the baseline from Skaergaard, island on the outer limit of
Judgment of the Nuremberg Trial Persons cannot hide behind the state for high seas, involving the penal or disciplinary responsibility of the master or of any Norway
protection from persecution from war crimes; test applicable is whether or not moral other person in the service of the ship, 60 no penal or disciplinary proceedings may
Corfu Channel Case UK violated sovereignty of Albania when they swept for mines
choice was possible (drafted men were acquitted, leaders found guilty) be instituted against such person except before the judicial or administrative
(no longer innocent passage); but generally innocent passage applies for waterways
Dispute between Texaco and Libya Libya is liable for contracts since international authorities either of the flag State or of the State of which such person is a national.
connecting 2 bodies of water that are considered high seas
law was part and parcel of the contract (waiver of sovereign immunity) 2. In disciplinary matters, the State which has issued a master's certificate or a
North Atlantic Fisheries Arbitration Grant of fishing rights is also a grant of
Nanni v. Pace and the Sovereign Order of Malta Knights Hospitaller are considered certificate of competence or licence shall alone be competent, after due legal
traditional fishing customary activities
a quasi-sovereign order, having a personality despite not having territory; functional process, to pronounce the withdrawal of such certificates, even if the holder is not a
national of the State which issued them. Right of Passage Case Armed passage was not considered a right; the custom
sovereignty (recognized by some states) was to ask permission, which formed opinion juris
Province of North Cotabato v. GRP Peace Panel MOA-AD and GRP-Tripoli 3. No arrest or detention of the ship, even as a measure of investigation, shall be
ordered by any authorities other than those of the flag State. Wimbledon Case Polish munitions should have been allowed to pass German
agreement does not bind the Philippines territory; declaration of neutrality should bow to the treaty of Versailles
Suez Canal free navigation even during war, but no offloading of war materiel Magallona v. Exec. Sec. UNCLOS application actually extends territorial rights;
III. Sovereignty and Jurisdiction: actually just implements the treaty signed by the Philippines
UNCLOS: North Sea Continental Shelf Cases Equidistance principle is not equitable; parties
Jurisdiction power of a state to legislate and prescribe laws
must settle on a different system
Right to innocent passage in territorial sea Gulf of Maine Mere natural fact of being a coastal state does not have legal
Power over:
consequences; submarine rights are not always those closest to the coast
1. Persons
Internal waters are not subject to right of innocent passage Libya/Malta Continental Shelf Case Both extension of land and equidistance
2. Property
3. Events principles must apply complimentarily; continental shelf can have no exclusive
Ports of every state must be open to foreign vessels economic zone, but not vice versa
Territory Fisheries Jurisdiction Case Dependence on fishing is not considered rebus sic
Bays are considered internal waters stantibus, it is not so burdensome to make it an essentially different obligation
Territory is acquired by: People v. Tulin Piracy is punishable extraterritorially
1. Discovery and occupation Rights of contiguous zone:
a. Terra Nullius: 1. Prevent infringement of customs, fiscal, immigration or sanitary laws and regulations III-B. Jurisdiction:
i. Discovery 2. Punish infringement of the above laws and regulations
ii. Occupation Criminal and Civil Jurisdiction
iii. Effective control EEZ high seas with obligations:
2. Prescription 1. Ensure EEZ not subject to over-exploitation (maximum sustainable yield) Jurisdiction authority to affect legal interests; can be:
3. Cession (treaty) 2. Optimum utilization 1. Jurisdiction to prescribe norms of conduct (legislative)
4. Conquest and subrogation (outlawed in 1970) 2. Jurisdiction to enforce norms (executive jurisdiction
5. Accretion (and avulsion) Continental shelf seabed and subsoil adjacent to coastal state but outside territorial sea; right to 3. Jurisdiction to adjudicate (judicial jurisdiction
explore and exploit natural resources
Baselines: Five principles:
1. 200Nm. Exclusive economic zone Deep sea bed common heritage of mankind 1. Territoriality principle (custom)
2. 12Nm territorial waters 2. Nationality principle (custom)
Island - naturally formed area of land, surrounded by water (above water in high tide); with EEZ 3. Protective principle (custom)
DFA Policy Paper Sabah 4. Universality principle (special circumstances)

Carlo Chungunco Ateneo Law B 2018


5. Passive personality (does not enjoy wide acceptance) Criminal and Civil Jurisdiction: Jurisprudence: 5. Public loans
Lotus Case Joint jurisdiction is custom when 2 vessels collide
Jurisdiction can be by treaty Atty. General of Government of Israel v. Eichmann Eichmann was kidnapped by State immunity covers (TESDA case):
the Mossad and brought to Israel and executed; Israel can prosecute him based on 1. Suit against the republic by name
G.R. Territoriality principle jurisdiction over its own territory jus cogens, war crimes 2. Suit against an unincorporated government entity
Exception: effects doctrine jurisdiction over acts occurring outside its territory but having effects Arrest Warrant Case (Congo v. Belgium) Foreign minister is accused of war crimes 3. Suit against a GOCC with original charter in its governmental functions
within it against humanity; he enjoys immunity for official and personal acts during his tenure; 4. Suit that on its face, is against an officer, but ultimate liability lies with the
there is no exception to the absolute immunity of a foreign minister in international government
French rule crimes aboard a foreign vessel will not be prosecuted unless commission affects law
peace and order Blackmer v. US US courts have jurisdiction to subpoena a citizen and hold him in Situations where an incumbent foreign minister could be prosecuted (Arrest Warrant Case):
contempt even if he is living in France 1. Prosecution in his domestic country according to domestic law
English rule (RP) crimes are generally triable in the territory they were committed in People v. Tulin Piracy is a crime reprehensible against the whole world and can be 2. Country can waive immunity prosecution in a foreign court
prosecuted even when committed outside the territorial jurisdiction of a state 3. Wait for him to cease being minister
Nationality principle every state has jurisdiction over its nationals (even outside its territory) Kuroda v. Jalandoni EO 68 is in line with the constitutional principle of renouncing 4. Prosecution before the ICC (with jurisdiction)
war; it is a valid military court to try Kuroda; 2 US prosecutors can prosecute since
Protective principle state may exercise jurisdiction over conduct outside its territory that the US has substantial interest for the war crimes committed by Kuroda against US Immunity from jurisdiction: Jurisprudence:
threatens its security servicemen The Schooner Exchange v. McFaddon (Old jurisprudence); a nation within its own
In Re: Doherty IRA bomber; political in nature due to his fight for independence; UK territory is supreme
Universality principle certain activities are dangerous to states and their subjects, require cannot force the US to extradite him Victory Transport v. Comisaria General de Abastecimientos y Transportes
authority in all community members to punish such acts wherever they occur (genocide, terrorism Comisaria cannot invoke state immunity for ships damaged in the ports; it was a
US v. Alvarez-Machain Kidnapped and brought to the US from Mexico for killing a
etc.) commercial transaction, immunity cannot be granted
DEA agent; US SC held that forcible abduction does not meant that the US cannot
try him for his crimes Government of the Democratic Republic of Congo v. Venne Congos entry into a
Passive personality principle state may apply criminal law to an act committed outside its territory contract with a Canadian architect for sketching a pavilion is a public act; Congo can
Sec. of Justice v. Hon. Lantion Notice and hearing is not required in the executive
by a person not its national where the victim is its national then invoke sovereign immunity
portion of an extradition case, but is required for the judicial part
Sec. of Justice v. Munoz Munoz was provisionally arrested for extradition to HK on Il Congreso del Partido-Cuban Sugar Trade Playa Larga was caught in a coup
3 modes to solve conflicts of jurisdiction: detat; it switched sides and donated its cargo to Vietnam; action against Cubans
1. Balancing test drug charges; HK Justice department has the authority to issue the request; there
was factual basis for the arrest, so it is a valid arrest pending extradition (who took over the flag of the ship) may proceed since the act is proprietary and not
2. International comity even if a state has basis for exercising jurisdiction, it will refrain government on its own
from it if it is unreasonable Govt US v. Hon. Puruganan Bail is not a matter of right in extradition proceedings;
they are sui generis, so accused has to prove he is not a flight risk and give Holland v. Lampen-Wolfe Libelous and defaming criticism by US Armed Forces
3. Forum non conveniens real unfairness is seen in choice of venue, it can be educator is an act of the state, immune
changed exceptional reasons for bail
Rodriguez v. RTC Manila Bail was cancelled without notice and hearing; it is a Trentex Trading Corp. v. Central Bank of Nigeria Issuance of Nigerian Central
violation of due process since the accused was old and under medical treatment, she Bank of letter of credit is purely commercial in character and may be basis for a suit
Extradition; principles: Sanders v. Veridiano Special services director of the US Naval station in Olongapo
1. No state is obliged to extradite unless under treaty is not a flight risk, hence, she should be given bail
HK v. Olaila SC held that extraditee is entitled to post bail was sued in its personal capacity for alleged libelous letter; court declared immunity
2. Differences in legal systems can be an obstacle to interpretation of what the crime is because the acts complained of were done within official letters, hence official acts
3. Religious and political offenses are non-extraditable wherein US cannot be sued without its consent
Immunity from Jurisdiction
R v. Bow Street Magistrates Ex-Parte Pinochet Chile can invoke its state
Countries with extradition:
Harris Ch. 6, 254-322 (skip UK materials) sovereignty to try Pinochet (ex-head of state) on its own for crimes committed while
1. Australia
he was in office
2. Canada
Crawford, 287-508 Al-Adsani v. UK Al-Adsani was tortured and tried to recover civil damages; while
3. China
torture is a jus cogens, it cannot defeat the state immunity since it is only civil in
4. Hong Kong
UN Convention on Jurisdictional Immunities of States and Their Property nature
5. Indonesia
6. South Korea Jurisdictional Immunities of the State (Germany v. Italy, Greece Intervening) War
7. Switzerland Vienna Convention on Diplomatic Relations crimes committed by Germany during WW2; territorial tort cannot apply to armed
8. Thailand forces in an armed conflict; jus cogens rules cannot defeat state immunity
9. USA Bernas, 198-222 Arrest Warrant Case (Congo v. Belgium) Foreign minister is accused of war crimes
against humanity; he enjoys immunity for official and personal acts during his tenure;
Phil. Extradition Law Immunity there is no exception to the absolute immunity of a foreign minister in international
law
Montreal Convention 1971 Art. 8(2) G.R. jurisdiction of a state within its territory is complete and absolute Kirkpatrick Co. v. Environmental Tectonics Corp. Kirkpatrick had bribed the
Exceptions: Nigerian officials for the winning bid; he then invoked act of the state doctrine; validity
Jennings, extraterritorial JD and US Anti-trust laws 1. Sovereign immunity state cannot be sued without its consent of a foreign sovereign act is not in issue, no immunity
2. Immunity of representative of states or diplomatic and consular immunities US v. Guinto 4 cases; lost bid is commercial transaction, not immune; cook peed in
Sherman Act soup, restaurant is a proprietary activity not an act of the state, not immune; buy-bust
Receiving state may at any time, without having to explain its decision, notify the sending state that operation, civil case, immunity cannot be waived by local counsel, immune;
FTC and Clayton Act any member of a mission is a persona non grata; sending state to recall the person or terminate Americans allegedly handcuffed them and had them bitten by dogs, remanded to
his functions with the mission lower courts, if in the course of their duties, immune
UN Convention Against Corruption Chuidian v. Sandiganbayan Marcos money frozen by PCGG; letters of credit and
International organizations are immune from suit everything to do with their issuance happened in Manila; PCGG orders are acts of a
UN Convention on Transnational Organized Crime state; foreign judgment is not a bar to an act of the Philippine government
Acts of the State doctrine courts of one country will not sit in judgment on the acts of the Dayrit v. Phil. Pharmawealth Prohibition against DOH; defense of state immunity
Whether an act is political in nature (in re Doherty): government of another, done within its own territory; redress of grievances by reason of such acts does not apply in causes of action which do not seek to impute financial liability on
1. Nature of the act should be obtained through means open to sovereign powers as between themselves the state
2. Context the act is committed Professional Video v. TESDA Writ of attachment was issued against TESDA for
3. Status of the party committing the act Phil. Constitution Art. 16, sec. 3 The state may not be sued without its consent PVC cards; the cards are issued as a governmental function; attachment does not
4. Nature of the organization issue against the state
5. Particularized circumstances Excerpts from the DFA 1997 manual on immunities and privileges ATCI v. Echin Medtech in Kuwait failed and was repatriated; ATCI is not immune,
but Echin failed to prove any wrong on their part
G.R. Bail is not a matter of right in extradition proceedings (US v. Puruganan) Restrictive theory, accommodate the interests of private individuals doing business with foreign Gunigundo v. Sandiganbayan Marcos money turned over to PCGG by Swiss bank
Exceptions: governments Immunity should be granted only in clear cases (Victory Transport): is not an act of the state, cannot be held liable
1. Defendant can demonstrate that he is not a flight risk; and 1. Internal administrative acts US Diplomatic and Consular Staff n Tehran (US v. Iran) 1979 Iranian revolution,
2. He has exceptional, humanitarian and compelling reasons 2. Legislative acts US staff held hostage; Iran liable since they did nothing and allowed it to happen;
3. Armed forces they are bound to protect consular officers by treaty
4. Diplomatic activity; and
Carlo Chungunco Ateneo Law B 2018
Regina v. Palacios Nicaraguan diplomat was terminated, took a temporary US trip, Amoco International Finance Corp v. Iran Iran used nationalization to take over
arrested upon landing for possession of guns and drugs; he was still immune, leaving UN declaration on permanent sovereignty over natural resources protection of national security company, not enough facts for submission but court is leaning toward liability
must be permanent and interest of a state Factory at Chorzow (Germany v. Poland) Plebiscite happened to make part of
Holy See v. Rosario Land was bought for mission and sold to informal settlers; Germany Poland with a nitrate factory; Poland is responsible for expropriation of
mere contract of sale and not proprietary function, holy see is immune; remedy is to UN Resolution 3171 (XXVIII) on permanent sovereignty over natural resources strongly reaffirms alien property, they are liable for reparations
go through diplomatic channels above and deplores the use of force Texaco v. Libya Expropriation for nationalization cannot impair a contract where
Minucher v. CA Scalerzo was a DEA agent doing a drug bust; part of his duties, Libya adopted international law as part of the contract
hence he is immune from suit Charter on economic rights and duties of states of 1974 (Art. 2) and UNGA Res. 3281 (XXIX); Aminoil Case (Kuwait v. American Independent Oil Expropriation for
Indonesia v. Vinzon Fixing A/C in the ambassadors house is contract with equality among states and sovereign rights (as chosen by the people): nationalization; non-ratified memorandum exchanged by diplomats is valid; just
Indonesia as a sovereign state, Indonesia is immune from suit; waiver must be 1. Political compensation should be based on the earlier memorandum
express 2. Cultural Youmans Case Mexican soldiers shot Americans during a labor dispute; since they
Nicolas v. Romulo Daniel Smith case; he must be detained in RP custody; mutual 3. Social were in uniform and under supervision, Mexico is liable for the killing
defense treaty is executed with VFA, it is self-executing, hence Romulo Kenney Caire Claim Case (France v. Mexico) Mexican soldiers kidnapped a French
agreement to transfer custody is void Proposed amendment to Art. 2 of the charter of economic rights and duties of states national and killed him in the barracks, it is the objective responsibility of the state
Deutsche v. CA GTZ is organized under German private law, hence is not immune because they failed the test for responsibility (colorable and official capacity)
from suit; could not show evidence of charter, they can be liable for illegal dismissal Individuals have limited locus standi in international law (usually procedural rights) US Diplomatic and Consular Staff in Tehran (US v. Iran) 1979 Iranian revolution,
DFA v. NLRC ADB is immune from cases of illegal dismissal, they are only liable US staff held hostage; Iran liable since they did nothing and allowed it to happen;
(as an exception) for cases wherein money is borrowed within its jurisdiction Expropriation of alien property eminent domain is inherent in sovereignty they are bound to protect consular officers by treaty
Lasco v. UN UN is immune from suits for illegal dismissal Short v. US (US v. Iran) Short was allegedly forced to leave due to anti-US
Nationality: Jurisprudence:
WHO v. Aquino Search warrant cannot issue against the WHO; WHO is immune to sentiment in Iran; case must fail since he left of his own will and he failed to show
Texaco Overseas Petroleum v. Libya Expropriation for reasons of nationalization that the government was responsible for the revolution
tariffs, searches etc.
cannot mean impairment of contract wherein Libya bound itself to international
ICMC v. Calleja IRRI and International Migration Comm. Tried to unionize and Home Missionary Society Case Hut tax by GB caused rebellion and damage to
agreements
were prevented; courts have no jurisdiction, but government can withdraw immunity home missionary buildings; GB cannot be held liable because home assumed the
Liang v. People Oral defamation by ADB officer; he is not immune since it is not an risk of staying and rebellion is not an act of the government
IV. Responsibility
official act US (Chattin) v. Mexico Conductor was held liable for theft and jailed without due
Sps. Lacierda v. Platon Terminated for ballooning hotel costs working for SEAFDA; process; Mexico is liable to ensure that the judiciary is up to international standards
Harris Ch. 8, 425-507
no jurisdiction of the courts to rule on prayer to return to work Panevezys-Saludtiskis Case (Estonia v. Lithuania) Estonia filed a case to recover a
Crawford 539-606 railway given in a treaty with Russia to Lithuania; never proved that it was actually
Areas outside jurisdiction Estonian and never exhausted administrative remedies, hence case cannot prosper
Bernas 227-230 Nottebohm Case (Lichtenstein v. Guatemala) Post WW2 Guatemala; German went
UNCLOS Art. 87; 6 freedoms of the high seas: to Lichtenstein, which granted him naturalization; not a valid citizen (that gives
1. Navigation Intentionally wrongful act where a state violates a customary rule of international law or treaty Lichtenstein the right to file a case for him) since his citizenship was given without
2. Fishing obligation; elements: any factual basis
3. Overflight 1. Act or omission attributable to the state under international law Barcelona Traction, Light and Power Co. Case (Belgium v. Spain) Corporation
4. Cables/pipelines 2. Constitutes a breach of an international obligation of a state incorporated under Canadian law, even if shareholders are Belgian, does not give
5. Artificial islands Belgium standing to file a case
6. Scientific research Articles on the responsibility of states for intentionally wrongful acts UNGS 56/83 G.R. a state Diallo Case (Preliminary Objections (Guinea v. Congo) Diallo was expelled without
is liable for wrongful acts; exceptions: a trial and expelled with his property being seized by the government; unless PM
UNCLOS Art. 97; rules in case of collision see above 1. Self-defense changes his mind is not considered appealable; he has exchausted administrative
2. Force Majeure remedies
Definition of piracy Art. 101 Part 11:
1. Any illegal acts of violence or detention, or any act of depredation, committed for Consider: V. Settlement of Disputes
private ends by the crew or the passengers of a private ship or a private aircraft, and 1. Distress
directed: 2. Necessity (to avert a graver wrong) V-A. Use or threat of use of force
a. on the high seas, against another ship or aircraft, or against persons or
property on board such ship or aircraft; Restitution v. damages: Harris Ch. 11
b. against a ship, aircraft, persons or property in a place outside the 1. Restitution return to place before damage
jurisdiction of any State; 2. Damages reparation or other damages Threat of force ultimatum in which state to which it is addressed is given a time limit within which
2. any act of voluntary participation in the operation of a ship or of an aircraft with to accept demands made upon it, and is told that if it rejects demands, war will be declared or
knowledge of facts making it a pirate ship or aircraft; New rebel group becomes government they will be liable for acts if illegal coercive measures will be taken
3. any act of inciting or of intentionally facilitating an act described in subparagraph (a)
or (b) International law commission draft articles on diplomatic protection, report of the 58th session Individual and collective self-defense inherent right to respond to an attack; elements:
(2006), GAOR A/51/10 pp. 22 1. Necessity
Declaration of principles governing the seabed and the ocean floor and the subsoil thereof, beyond 2. Proportionality
the limits of national jurisdiction Resolution 2749 XXV (1970) ocean floor and subsoil are Waiver of the individual is not a waiver for the state action (Tatler case)
common to man Current rule (9/11, Iraq, Afghanistan) anticipatory self-defense is currently being done
G.R. Act of soldier is not a state act (Youmans case)
Treaty on principles governing the activities of states in exploration of outer space and the use of Exception: unless done in the line of duty and under supervision of a superior General treaty for the renunciation of war outside the League of Nations commitment to not
outer space, including the moon and other celestial bodies see above use war to settle disputes
Test to hold a state liable (for act of soldiers) (Caire Claim Case):
Convention on liability for damage caused by space objects launching state is liable 1. Colorable official UN Charter, art. 2(4) not to sue war/force to violate territorial integrity
2. Used powers in official capacity
Nationality UN Charter art. 2(7) not to intervene in domestic disputes
Responsibility: Jurisprudence:
Crawford 509-538 Mavromattis Palestine Concessions Case (Greece v. UK) UN Charter art. 39-51 right to individual and collective self-defense
Admin. Dec. No. 5 (US v. Germany) If dual citizen, and one state lays claim, that
Phil. Consti. Art. 4 citizenship provision Declaration of the inadmissibility of intervention in the domestic affairs of states and protection of
state has exclusive rights to pursue the case
Neer Claim (US v. Mexico) Mexico cannot be held liable for alleged lapses in the their independence and sovereignty 1965, GA Res. 2131 not to use political/economy or any
RA 7402 (Foreign Investments Act) par. 3(a): nationality of corporation is the state under whos law other measure to coerce state action if it is a domestic dispute; states have the right to self-
investigation of the killing of American citizens absent any proof beyond affidavits
it was created; G.R. SEC BOI non-restricted, can be 100% foreign owned determination
from the US
Exceptions:
1. Constitutional limitations Ranking v. Iran (US v. Iran)
UN Sec. Council resolutions:
2. Small and medium enterprises (under P500K) Starett Housing Corp. v. Iran Iran assigned a manager to deal with operations;
1. 668 (1991) Vietnam and Cambodian wars
3. Strategic resources court held that it was in the form of an indirect taking, making Iran liable
2. July 7, 1950 Korean war authorized intervention
Carlo Chungunco Ateneo Law B 2018
3. 661 (1990) Iraq-Kuwait war embargo Crawford 693-743 US v. Mexico Calvo clause claims no international jurisdiction; corporation bound
4. 665 (1990) Iraq-Kuwait war decry invasion cannot bring case v. Mexico; it was held that Calvo clauses should be looked at in a
5. 678 (1990) Iraq-Kuwait war final warning Bernas 268-270, 271-294 case-to-case bases, it cannot violate international law
6. 687 (1991) Iraq-Kuwait war further steps US used as justification to land boots Dissent of Judge Nielsen in US v. Mexico the government cannot be bound by a
on the ground SICJ Jurisdiction acquired if parties agree or if prove that they consented or will be bound Calvo clause; they have the right to pursue the case
7. 1441 (2002) WMD Iraq disarmament final warning (cannot be forced, including international organizations; summary: Tattler (US v. Great Britain) Fisherman and his bought were seized in Liverpool for
8. 1973 (2011) Military intervention in Libya 1. Ad hoc agreement violating fishing laws; he was released upon signing a waiver of claims; it was held
2. Treaty that US is not bound by the waiver; a private persons waiver cannot be a waiver of a
NATO intervention in Kosovo, Security Council 3998th meeting, UN Doc S/PV 3998 (1999) 3. Unilateral declaration optional clause: sovereign country
defended humanitarian intervention; no UNSC approval for bombing a. Invoke then called by other state Panevezys-Saldutiskis Railway Case (Estonia v. Lithuania) Estonia cannot file a
case v. a treaty between Lithuania and Russis since they could not prove it was
Possible humanitarian intervention in Syria (2013) currently no approval yet; but holding Syria Peaceful settlement of disputes: Jurisprudence: Estonian at the time of the incident
responsible for acts Interpretation of Art. 3, Par. 2 of the Treaty of Lausanne Council of the league of Nottebohm Case (Lichtenstein v. Guatemala) Citizenship should be made upon
nations are not arbitrators; arbitration should be understood in a wide sense; no legal factual bases in order for Lichtenstein to pursue a case against Guatemala on behalf
Armed attack v. States: definition, but dependent on the case sitting before the ICJ of a citizen
1. Integrity Interhandel Case US took a Swiss corporation during WW2 for having links to Case Concerning Barcelona Traction (Belgium v. Spain) Canadian incorporated
2. Sovereignty Germany under the treaty with the enemy act; Switzerland moving for arbitration; it company, even if Belgian stakeholders, Belgium has no standing to sue
3. Independence was held that there is no jurisdiction yet; have to exhaust all local (US) remedies first Banco National de Cuba v. Peter Sabbatino Due to the US sugar quota against
before resorting to arbitration; wait for the US courts Cuba, they decided to expropriate all US businesses; acts of a state doctrine; US
Intervention for protection of nationals abroad (Entebbe incident) not generally established under Norwegian Loans Case (France v. Norway) Norwegian Loans to France; Norway cannot rule on the sovereign acts of other countries
international law claims that the Gold clause will determine the value of the gold; France claims that Alfred Dunhill of London v. Cuba Dunhill paid for cigars to Cuba, but they were
only international Jurisdiction, so they moved for arbitration; it was held that since expropriated already; act of state doctrine does not apply; it is a commercial
Aid to rebels is contrary to international law interference to the right of self-determination parties agreed to local remedies, no arbitration yet, resort to exhaustion of local transaction, not a sovereign one; quasi-contract on mistaken payment
remedies first Buttes Gas and Oil Co. v. Hammer Held a press conference alleging conspiracy to
Allowed coercions: Nicaragua Case (Nicaragua v. US) Claimed that assistance to the rebels not an backdate the agreement from 3 miles to 12 miles for deposits of oil; cannot rule in the
1. Sever diplomatic relations armed attack; 984 declarations contra and 6 months notice was held as not enough; case since it is an act of a state, hence no jurisdiction
2. Retorsion ICH retains jurisdiction
3. Reprisals Vinuya v. Romulo No GADALEJ for not pursuing comfort women apology and
East Timor Case (Portugal v. Australia) Portugal fought Australian intervention in compensation; peace agreement after WW2, RP waived rights to compensation;
4. Embargoes East Timor; ICJ held no jurisdiction if Indonesia is not a party; they are indispensable
5. Boycotts court will not rule on the act of the executive dept. it is a political question
because of an agreement with Australia establishing East Timor as a zone of
6. Non-intercourse (commercial) cooperation VI. Special Topics
7. Blockade Lagrand Case (Germany v. US) Lagrand was a German who committed robbery
with murder and was executed in the US; Held as a violation of the US since they did VI-A. Law of the sea
Charter of the UN commentary not inform Lagrand of his right to contact his consul, pursuant to treaty
Legality of the Threat or use of Nuclear Weapons Good faith disarmament Harris ch. 7
Resolution on the definition of aggression 1974, UNGA Resolution 3314 (XXIX) Aggression v. recommended; not customary yet to use nuclear weapons; civilian population at
War of aggression (series of aggressions) responsibility; prima facie evidence is that state is danger from effects of nuclear weapons and fallout, no distinction between military
responsible for its involvement Crawford 255-334
and civilians when nuclear weapons are used
Case Concerning Questions on Interpretation and Application of the Montreal G.R. Internal waters no right of innocent passage
Armed attack, needs substantial damage to exist
Convention Arising out of the Aerial Incident at Lockerbie (Libya v. UK) 2 Libyans
bombed a UK jet over Lockerbie; Libya refused to extradite despite UNSC resolution; Philippine rule archipelagic waters are considered internal waters of the Philippines (hence no
Settlement of disputes: Jurisprudence:
it was held that the UNSC resolution is stronger than a treaty ant not reviewable by innocent passage)
Nicaragua Case (Nicaragua v. US) US bombed a naval base; US claimed the ICJ, it is binding
collective self-defense; it was held that US violated the sovereignty of Nicaragua; not
Aerial Incident of July 27, 1955 (US v. Bulgaria) Israeli airliner flew into Bulgarian VI-B. Protection of individuals
a case of collective self-defense; Nicaragua sending troops to border is not threat of
airspace due to bad weather; Bulagaria shot it down; Bulgaria is not in the UN and
force, there was no territorial or political integrity violated
not signatory of the ICJ; US withdrew case, no jurisdiction; although you can invoke a Harris ch. 9
Caroline Case SS Caroline was a steam ship supplying Canadian rebels; seized by reservation of another state, the US cannot drag Bulgaria to the ICJ without its
US and killed one crew and burned the ship; requisites of self-defense consent Crawford 607-692
Oil Platforms Case (Iran v. US) US ships were fired on with missiles from Iran and El Salvador v. Honduras (Nicaragua Intervention) Maritime dispute between El
another ship was damaged by mines; US in turn, attacked 3 oil platforms; tanker had Salvador and Honduras; Nicaragua filed an intervention; it was held that to intervene, Calvo clause waiver of the party is not a waiver by the state
no (US) flag, hence it was not targeted (just so happened to be American); not an there is no need to prove a link, it is only the right to be heard, does not automatically
armed attack, not anticipated self-defense make you a party to the case International human rights inviolable fundamental rights
Armed Activities Case (DR Congo v. Uganda) Uganda cannot keep troops in PCA Case 2013-19 Arbitration between RP and PRC China claimed that the
Congo for anticipated self-defense, there is no such thing ASEAN declaration that provides exclusively for negotiation cannot make them International Covenant on Civil and Political Rights (1966) Essential; rights of man; defining first
Ethiopias Claims 1-8 (Eritrea v. Ethiopia) War between Eritrea and Ethiopia; parties to a case for arbitration; it was held that courts had jurisdiction over China; level rights of Life, Liberty, Property and Equality; self-executing treaty:
cultural damage (to obelisk) as well as moral damage (rapes) can be compensated, despite the non-appearance of China, jurisdiction is still established 1. Self-determination
but lost profits and environmental damage cannot be compensated absent actual Del Monte v. CA Del Monte US gave rights to MMI with an arbitration clause; MMI 2. Equality
proof hired Sabrosa for marketing; they filed a case for unauthorized importation in PEZA; 3. Freedom of the body
Entebbe Incident Mossad attacked an airbase with commandos, killing terrorists it was held that Saborsa is not bound by the arbitration clause between MMI and Del 4. Right to vote
and retaking the Israeli hostages; no affirmative vote to rule on the incident Monte, no splitting of case, it continues 5. Security
Legality of the threat or use of nuclear weapons case Nukes are not customary LM Power v. Capitol Capitol hired LM as a sub-contractor but had to take over LMs 6. Due process
despite their use in war; nukes cause a humanitarian issue; countries should do good work; Capitol invoked termination of contract; LM filed a case while Capitol moved for
faith disarmament arbitration; it was held that since it is an interpretation of contract issue, arbitration Optional Protocol 1 Founding of a complaints committee
US v. Yunis No proof it was a legitimate action; hijackers of an airplane cannot must be completed first before filing of a case
escape liability by using command responsibility to follow orders since they took the Frabelle v. Philamlife Philamlife alleged violations and moved for arbitration; Optional Protocol 2 States decry death penalty
plane without uniforms; could not present proof they were under orders to hijack the Frabelle filed for reformation in HLURB; it was held that HLURB has no jurisdiction
plane over reformation of contract, submit to arbitration first International Covenant on Economic, Social and Cultural Rights 2nd level of rights gradual
Gonzales v. hon. Pimentel Gonzales filed for invalidity of main contract with a adoption and progressive realization; self-executing treaty:
V-B. Peaceful settlement of disputes 1. Non-discrimination
separate arbitration clause; arbitration must be done first, court to determine the
existence of an arbitration clause 2. Right to work
Harris ch. 12 3. Unions
RCBC v. BDO Chairman in arbitration sent an article to both parties about how to
deal with a party delaying arbitration; showed clear bias toward one party (since they 4. Family
Phil. declaration of accepting the compulsory jurisdiction of the ICJ 5. Standard of living
are the only one who would benefit); court set aside the second award
6. Health
Carlo Chungunco Ateneo Law B 2018
7. Education BOAC v. Cadapan Jovito Palparan case; no command responsibility (no criminal being; basin states should cooperate for flood control (common interest for others; e.g. damming)
8. Culture liability), but can be used to see who is responsible; SC granted the writ of amparo,
Palparan was ordered to release the captives Rio Declaration on Environment and Development proving custom by underlining Stockholm
Convention on the Elimination of Racial Discrimination 3rd level of rights; RP is bound principles; established not to use environment as a means to restrict trade
VI-C. Terrorism
Convention on the Elimination of Discrimination against Women 3rd level of rights; equality and Montreal Protocol on Substances that Deplete the Ozone Layer Prohibit chlorofluorocarbons to
reproductive health rights UNSC Reso: close the hole in the ozone layer; first and only international success, showing that the world can
1. 1368 (2001) 2 days after 9/11; acts and similar acts of terrorism; authorized come together in cases of imminent danger
Optional Protocol establishment of custom to fight terrorism
2. 1373 (2001) More detail of 1368 1989 Basel Convention on the Transboundary Movement of Hazardous Waste
Convention against Torture Horrendous imprisonment is equivalent to torture; establishment of a. Established that all states should prevent financing of terrorist groups
committees and right to complain; states can take legal measure to prevent primary act of torture b. Terrorism violates international law UN Framework Convention on Climate Change
c. Distinction between terrorism and acts of liberation
Convention on the Rights of the Child Below 18 is a child: d. Response: Kyoto Protocol to the UN FCCC
1. Right to parents i. Proportionality principle
2. Right to health (healthcare and birth) ii. Prosecutorial powers Adoption of the Paris Agreement, Conference of the Parties, 21st Session, 2015 Limit climate
3. State is parens patriae iii. Human rights law change to 1.5 degree increase; 177 countries signed, but only 15 ratified
4. Education 3. 2178 (2014) Condemnation of terrorism in Syria
5. Right to be treated fairly by criminal justice system 4. 56/1 (2001) Condemn 9/11; instant custom of universal condemnation of entire GA Pope Francis, Laudato Si Care for our common home

Optional Protocols on Sale, Prostitution and Pornography Reaction to increase in sexual International Convention for the Suppression of Terrorist Bombings, A/RES/52/164 (1997) Environment: Jurisprudence:
exploitation, protocol to enact laws by individual states Trail Smelter Arbitration Canada pollution in river went to US; first case that
International Convention for the Suppression of the Financing of Terrorism A/RES/54/109 (1999) awarded international environmental damage; a state cannot use its territory to injure
Children in Situations of Armed Conflict 18 below child soldiers; 18 and below should not have another state; needs clear and convincing evidence
direct participation in war A More Secure World: Our Shared Responsibility, Report of the UN High-Level Panel on Threats, Corfu Channel Case It is an obligation of a state to not allow use of its own territory
Challenges and Change (2004), paras 145-164 against another state
Migrant Workers Convention Working rights for migrant workers (documented and Sierra Club. V Morton Dissent anyone has standing as long as the intent is to
undocumented); guarantees against: UN Global Terrorism Strategy A/RES/60/288 (2006 and reaffirmed in 2010) established prevent environmental damage (we are all affected)
1. Inhumane treatment measures to address terrorism Oposa v. Factoran Minors filed a class suit on their behalf and generations yet
2. Due process unborn; SC cancelled all timber licenses; case relaxed SC rules on standing
3. Privacy ASEAN Comprehensive Plan of Action on Counter-Terrorism (2009) DENR v. Concerned Residents Cleaning of Manila Bay can be compelled by
mandamus; ships pollution must be reduced; PCG and PNP have the jurisdiction to
Statute of the ICC Reaction to the Nuremburg trials; individual state responsibility for serious Report of the Ad Hoc Committee established by the GA Res. 51/210 of Dec. 17, 1996, 16th enforce the law
international crimes like genocide or war crimes Session (Negotiations of the UN Draft Comprehensive Convention on International Terrorism) Arigo v. Swift Moot because US paid; petitioners have right to protect reef from US
ship that ran aground ignoring warnings
Writ of amparo protection of life and security and freedom from threat; available only in cases of: International terrorism; commonly accepted elements; any person, by any means, unlawfully and
1. Enforced disappearances; and intentionally does an act intended to cause: VI-E. International economic law
2. Extralegal killings 1. Death or serious bodily injury to any person
2. Serious damage to a state or government facility 20 years of the WTO: a retrospective General Agreement Tariff Trade and the formation of WTO:
Protection of individuals: Jurisprudence: 3. With the intent to intimidate a population, or to compel a government or an From limiting and protecting national industry toward free international trade
South-West Afrtica Cases; Tanakas dissent South Africa must comply with the UN international organization to do or abstain from doing any act International equal economic protection between states
charter; apartheid by mandate is a violation of international norms against
National treatment would be the same as foreign products
discrimination Koechler, UN, The International Rule of Law and Terrorism
Mejoff v. Dir. of Prisons RP cannot hold a Russian spy (WW2) indefinitely after Marrakesh agreement
failing to send him home to Russia; he should be released with surveillance; UNDHR Candelaria, De Guzman and Patdu, Legal Concept of Terrorism and its Implication under
protects people from arbitrary detention, especially applicable here due to the end of International and Municipal Law
ASEAN Charter Ease of flow for people and goods
the war
Marcos v. Manglapus Marcos died and was prevented from returning; ICCPR ad VI-D. Environment
JPEPA
UNDHR are silent as to right to return; no grave abuse, it is an executive decision
made to prevent clear and present danger Crawford 333-366
ASEAN FTA
IS v. Quisumbing Paying foreign teachers higher due to their being foreigners and
for no substantial distinction is violative of equality; equal work deserves equal pay Bernas 138-140, 320-334
Use of free trade as a deterrent for war
Republic v. Sandiganbayan Maj. Gen. Ramas had an illegal search during the
interregnum; court held that evidence collected was inadmissible; UNDHR and Local law:
Bernas 335-340 Undertrading and anti-dumping duties (dumping so cheap that it is a threat to
ICCPR were active despite not having a bill of rights; the revolutionary government 1. EO 15 and EO 370 NEDA
flood the market); government should not subsidize and use taxes
inherited the good faith obligations of the previous administration when it became the 2. RA 9229 Committee on climate change
de jure government 3. Constitution Principles include ecology
International economic law: Jurisprudence:
CB Employees v. BSP CB act provided that salary grade below 19 should be Tanada v. Angara Fear WTO will kill local industry; court held that isolation would
locked; at the time did not violate EPC, 8 years later, all other government financial Precautionary principles if there is uncertainty as to the link between something and its cause,
result in economic destruction, free trade would be preferable
institutions did not have the salary standardization law applied to them; EPC violated states should err on the side of caution (e.g. climate change)
later; ICCPR, ICESR and ICERD all provide for positive obligations to states to VII. International humanitarian law
eliminate discrimination; compared to US jurisdiction wherein the US applies strict Stockholm Principles (1972) soft law that eventually became customary international law; basis
scrutiny test as to whether ends justify the means for protection of environment:
Red Cross Conventions; people not engaged in warfare should be treated humanely, examples:
Sec. ND. V. Manalo Writ of amparo protects life; applies UDHR; protects not just 1. Principle 21 state with right over its own resources as long as not posing a danger
1. Armed forces
life, but also security of life to other states or other jurisdictions
2. Armed forces at sea
Biraogo v. Truth Commission PTC v. GMA administration as an ad hoc body is an 2. Principle 22 cooperation between states (soft law)
3. POWs
invalid singling out of an administration and is violative of the EPC, hence 4. Protection of civilians
unconstitutional UNGA Res. 2995 (XXVII) states should not have effects outside its jurisdiction; cooperation
between states is important
Reyes v. CA Writ of amparo only available against extralegal killings and enforced 2 protocols:
disappearances and freedom from threat 1. Victims of international conflicts; (against colonial domination succession basis for
UNGA Res. 2996 (XXVII) GA underlined principles 21 and 22 from Stockholm
Rubrico v. GMA Writ of amparo cannot be used to establish criminal liability and colonialism against basic human rights)
command responsibility; no local statute (even if ICJ and ICC is custom), no ruling in 2. Non-international armed conflicts (protection v. crimes against human rights)
International Law Assoc. Res. 1972, UN Environment Program: Governing Council Decisions
amparo cases (no criminal liability) and in this case, no proof that it was actually the
Concerning Policy Objectives Objective is to preserve the environment for quality of life and well-
military or police that abducted them Difference between armed groups:
Carlo Chungunco Ateneo Law B 2018
1. MILF has set territory
2. NPA no territory; only hostage taking, extortion etc.

Armed forces test:


1. Commanded by persons responsible for subordinates
2. Use of fixed and distinctive signs
3. Carry arms openly
4. Operates in the laws and customs of war

POW treatment:
1. No violence, intimidation, insults of public curiosity
2. Only name, date and serial no. can be asked
3. Camps must be away from combat zones
4. No using as human shields
5. Subject to state laws
6. May be disciplined and prosecuted for war crimes
7. May be prosecuted for crimes against the holding state

Hostilities:
1. Civilians should not be the object of attack
2. No indiscriminate attacks
3. Protect objects indispensable for survival of civilians (no scorched earth)
4. Only legitimate objective of states is to weaken military forces
5. Legality of nuclear weapons no ruling, but held:
a. Inhumane does not distinguish military or civilian targets
b. Suffering
c. Harm and aggravate suffering (fallout)

Inhumane weapons:
1. Projectiles
2. Dumb bullets
3. Gas
4. Not detectable by x-ray
5. Mines and booby traps
6. Fire devices

Carlo Chungunco Ateneo Law B 2018