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International Law – Set of rules and principles that i. State Practice – a consistent and
governs the relationships between States and other uniform external conduct of States.
international actors which under Modern International Generally, both what states say and
Law includes International Organizations, what they do are considered state
Transnational Corporations and Individuals. practice.
ii. Opinio Juris - State practice must
Distinction between a subject and object of be accompanied with the conviction
international law that the State is legally obligated to
do so by int'l law, and not through
1. Subject - An entity that has rights and mere courtesy or comity, or
responsibilities under international law; it can because of humanitarian
be a proper party in transactions involving considerations.
the application of international law among
members of the international community. c. General Principles Of Law - Principles
common to most national systems of law;
2. Object - A person or thing in respect of rules based on natural justice. Ex. good
which rights are held and obligations faith, estoppel, exhaustion of local
assumed by the subject; it is not directly remedies
governed by the rules of international law; its
rights are received, and its responsibilities 2. Secondary
imposed, indirectly through the
instrumentality of an international agency. a. Judicial Decisions - a subsidiary means
NOTE: Given the trend in International Law today, for the determination of rules of law (e.g.,
with the birth of the ICC and Arbitration Courts, the determining what rules of customary IL
line between a Subject and Object of International is exist) that is acceptable so long as they
increasingly being blurred. correctly interpret and apply int'l law.
NOTE: Even decisions of national courts, when
Divisions of International Law applying int'l law, are acceptable. Ex. Principles
1. Laws Of Peace- governs the normal on diplomatic immunity have been developed by
relations of States judgments of national courts.
2. Laws Of War - rules during periods of
hostility b. Teachings Of The Most Highly
3. Laws Of Neutrality- rules governing States Qualified Publicists -- The word
not involved in the hostilities 'Publicist' means 'learned writer.' Learned
writings, like judicial decisions, can be
SOURCES OF INTERNATIONAL LAW evidence of customary law, and can also
play a subsidiary role in developing new
Article 38 of the Statute of the International Court rules of law.
of Justice (ICJ).
Requisites for Highly Qualified Publicist
1. Primary 1. Fair and impartial representation of law.
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Generally, a treaty only binds the parties.
However, treaties may be considered a Q: What is 'INSTANT' CUSTOM?
direct source of Int'l law when concluded A: Customary law may emerge even within a
by a sizable no. of States, and is relatively short period of time, if within that period,
reflective of the will of the family of State Practice has been uniform and extensive. It
nations (in which case, a treaty is comes about as a spontaneous activity of a great
evidence of custom). number of states supporting a specific line of action.
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b, Indirect responsibility- Acts of the Ex.: cutting off economic aid (this is lawful
following are attributable to the state: because there is no legal obligation to
i, state organs provide economic aid).
ii, other persons exercising elements of
governmental authority in the absence 2. REPRISAL - an act which would normally be
or default of the official authorities and illegal but which is rendered legal by a prior
in circumstances calling for the illegal act committed by the State against
exercise of those elements of which the reprisal is directed; it is a form of
authority retaliation against the prior illegal act.
iii, insurrectional or other movement 3. Reprisals may be used only when other
which becomes the new government means of redress (e.g. protests and
4. Conditions for the enforcement of the warnings) have failed.
doctrine of state responsibility 4. SEVERANCE (OF DIPLOMATIC
a, The injured alien must first exhaust all RELATIONS)- One country cuts of all
local remedies diplomatic ties with another, as a sign of
b, He must be represented in the int'l Claim protest/hostility.
for damages by his own state (ordinarily, 5. NAVAL BLOCKADE- Blocking the ports of a
individuals have no standing to bring a country with naval forces.
claim before international law). 6. EMBARGO- Preventing the ingress to and
egress from a country of commercial and
SETTLEMENT OF DISPUTES other goods; refusal by a state to undertake
commercial transactions with another state.
AMICABLE METHODS
1. NEGOTIATION- discussion by the parties of SPECIAL TOPICS
their respective claims and counterclaims
with a view to the just and orderly Extradition
adjustment. 1. EXTRADITION is the surrender of a person
2. INQUIRY - an investigation of the points in by one state to another state where he is
question with the view that this will contribute wanted for prosecution or, if already
to the solution of the problem convicted, for punishment.
3. GOOD OFFICES - method by which a 3rd 2. Basis of Extradition: a treaty. Outside of
party attempts to bring the disputing states treaty, there is no rule in international law
together in order that they may be able to compelling a State to extradite anyone. Such
discuss the issues in contention. may be done, however, as a gesture of
4. MEDIATION- 3rd party actively participates comity.
in the discussion in order to reconcile the 3. Principles:
conflicting claims. Suggestions of mediator a. Principle of Specialty - a fugitive who is
are merely persuasive extradited may be tried only for the crime
5. CONCILIATION- 3rd party also actively specified in the request for extradition
participates in order to settle the conflict. and such crime is included in the list of
Suggestions of conciliator are also not extraditable offenses in the treaty.
binding. As distinguished from mediation, b. Under the Political offense exception,
the services of the conciliator were solicited most extradition treaties provide that
by the parties in dispute. political and religious offenders are not
6. ARBITRATION- process by which the subject to extradition.
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impartial tribunal usually created by the of head of state or any member of his
parties themselves under a charter known as family is not regarded as political offense
the compromis. The proceedings are for purposes of extradition. Also for the
essentially judicial and the award is, by crime of genocide.
previous agreement, binding on the parties c. There can only be extradition if there is a
treaty between the states.
HOSTILE/NON-AMICABLE METHODS
1. RETORSION - is a lawful act which is
designed to injure the wrongdoing State.
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4. PROCEDURE FOR EXTRADITION: (Judicial by the Bill of Rights. The process of extradition does
and diplomatic process of request and not involve the determination of the guilt or innocence
surrender) PD 1069 of an accused. His guilt or innocence will be
a. Request through diplomatic adjudged in the court of the state where he will be
representative with: extradited. There is NO deprivation of the right to due
b. DFA forwards request to DOJ process.
c. DOJ files petition for extradition with Dissent (original decision): Under the extradition
RTC, treaty, the prospective extraditee may be
d. RTC issues summons or warrant of provisionally arrested pending the submission of the
arrest to compel the appearance of the request. Because of this possible consequence, the
individual; evaluation process is akin to an administrative
e. hearing (provide counsel de officio if agency conducting an investigative proceeding, and
necessary) partakes of the nature of a criminal investigation.
f. appeal to CA within 10 days whose Thus, the basic due process rights of notice and
decision shall be final and executory; hearing are indispensable.
g. decision forwarded to DFA through the Assuming that the extradition treaty does not
DOJ; allow for such rights, the Constitutional right to
h. Individual placed at the disposal of the procedural due process must override treaty
authorities of requesting state-costs and obligations. When there is a conflict between
expenses t be shouldered by requesting international law obligations and the Constitution, the
state. Constitution must prevail.
HELD: Private respondent is bereft of the right to 1. SECRETARIAT - CHIEF ADMINISTRATIVE ORGAN
notice and hearing during the evaluation stage of the OF THE UN
extradition process. Extradition is a proceeding sui 2. ECONOMIC AND SOCIAL COUNCIL - organ
generis. It is not a criminal proceeding which will call charged with promoting social progress and
into operation all the rights of an accused guaranteed better standards of life in larger freedom
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3. TRUSTEESHIP COUNCIL - organ charged with functions. In the Philippines, immunity is claimed by
administration of Int'l Trusteeship System. request of the foreign state for endorsement by the
4. INTERNATIONAL COURT OF JUSTICE - judicial Department of Foreign Affairs. The determination by
organ of the UN. the executive department is considered a political
question that is conclusive upon Philippine Courts.
Q: What does it mean to decide a case EX 2. Principle of Humanity- prohibits use of any
AEQUO ET BONO? measure that is not absolutely necessary for
A: It is to rule in justice and fairness -- equity purposes of war; and
overrides all other rules of law. The ICJ has no power 3. principle of Chivalry- basis of such rules as
to decide a case ex aequo et bono, unless all parties those that require belligerents to give proper
agree thereto [art. 38(2), ICJ Statute]. warning before launching a bombardment or
prohibit use of perfidy (treachery) in conduct
Q: Who has standing before the ICJ? of hostilities.
A: Only States may be parties in contentious
proceedings before the ICJ (art 34, ICJ Statute). RIGHTS OF PRISONERS OF WAR
1. to be treated humanely;
Outer Space 2. not subject to torture;
1. The exploration and use of outer space, 3. allowed to communicate with their families
including the moon and other celestial 4. receive food, clothing religious articles,
bodies, shall be carried out for the benefit medicine;
and in the interests of all countries, 5. bare minimum of information;
irrespective of their degree of economic or 6. keep personal belongings
scientific development, and shall be the 7. proper burial;
province of all mankind. 8. group according to nationality;
2. Outer space, including the moon and other 9. establishment of an informed bureau;
celestial bodies, shall be free from 10. repatriation for sick and wounded (1949
exploration and use by all States without Geneva Convention)
discrimination of any kind, on a basis of
equality and in accordance with international
law, and there shall be free access to all
areas of celestial bodies.
3. Outer space, including the moon and other
celestial bodies, is not subject to national
appropriation by claim of sovereignty, by
means of use or occupation, or by any other
means.
4. Astronauts are envoys of mankind in outer
space, and states party to the Treaty on the
Exploration and Use of Outer Space shall
render to them all possible assistance in the
event of accident, distress, or emergency
landing on the territory of another State party
or on the high seas. When astronauts make
such a landing, they shall be safely and
promptly returned to the State of registry on
their space vehicle.
WAR
Armed contention between public forces of states or
other belligerent communities implying employment o
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20. Right of a child to protection, a name and Arts. 2- 16 enumerate the Obligations of State-
nationality (art. 24) Parties
21. Right to participation, suffrage, and access to
public service (art. 25) I. Legal Measures (de jure)
22. Right to equal protection before the law (art. 1. embody principle of equality of men and
26) women in the national constitution and other
23. Right of minorities to enjoy their own culture, apprpriate laws (art. 2[a])
to profess and prtactice their religion and to 2. adopt apprpriate legislative and other
use their own language. measures prohibiting all discrimination
against women, which includes legislation to
When can a State Party derogate from the modify, abolish, or repeal discriminatory
ICCPR? laws, regulations, customs, and practices
A state party to the ICCPR may derogate from the (art. 2 [b]. [f] and [g])
treaty “in time of oublic emergency which threatens 3. adopt appropriate legislation to ensure full
the life of the nation and the existence of which is development and advancement of women,
officially proclaimed, the States Parties to the present for the purpose of guaranteeing exercise and
Covenant to the extent strictly required by the enjoyment of Human Rights on the basis of
exigencies of the situation, provided that such equality with men (art. 3)
measures are not inconsistent with their obligations 4. adopt appropriate legislation to suppress all
under international law and do not involve forms of traffic in women and exploitation and
discrimination solely on the ground of race, colour, prostitution of women. (Art. 6)
sex, language, religion or social origin.” (Art. 4 (1),
ICCPR) II. Administrative Measures (de facto)
1. refrain from any act or practice which is
What are the Non-derogable rights under the discriminatory against women (includes
ICCPR? public authorities and institutions) (art. 2 [d])
Even in times of national emergency, no 2. adopt temporary special measures to
derogation can be made from the following: address de fact inequality of men and women
1. Right to life (art. 6) (art. 4 [1])
2. Freedom from torture or cruel, inhuman or 3. modify the social and cultural patterns of
degrading punishment (art. 7) conduct of men and women to eliminate
3. Freedom from slavery (art. 8) practices based on the idea of inferiority.
4. Freedom from imprisonment for failure to Superiority of either men or women (art. 5
fulfill a contractual obligation (art. 11) [a])
5. Freedom from ex post fact laws (art. 15) 4. educate family as to proper social function of
6. Right of recognition everywhere as a person maternity and common responsibility in
before the law (art. 16) rearing children (art. 5 [b])
7. Freedom of thought, conscience, and religion
(art. 18) What are some Civil and Political Rights under
(Art. 4 (2), ICCPR) CEDAW, which are unique to women?
1. Guarantee of civil and political rights
Convention on the Elimination of All Forms of 2. right to acquire, change, and retain
Discrimination against Women (CEDAW) nationality- not prejudiced by marriage to a
foreigner (art. 9 [1])
What does discrimination against women cover? 3. equal rights with men as regards nationality
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distinction, exclusion, or restriction made of the basis 4. equal rights with men as regards freedom of
of sex which has the effect or purpose or impairing or movement and choice of domicile/ residence
nullifying the recognition, enjoyment or exercise by (art. 15 [4])
women, irrespective or their marital status, on a basis
of equality of men and women, of human rights and What are some Economic, Social and Cultural
fundamental freedoms in the political, economic, Rights under CEDAW which are unique to
social cultural, civil, or any other field. women?
1. Guarantee of Economic, Social and Cultural
What are the State Obligations of State-Parties rights
under CEDAW?
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