TABLE OF CONTENTS: THE CONCEFT OF INTERNATIONAL LAW. Equirv In INTERNATIONAL LAW ‘THE ROLE OF JUDGES AND PUBL 1 i LAW OF WIONALIAY B. THE INDIVIDUAL AS ASUBJECT OF | DIPLOMATS AND CONSULS1. PREVENTION AND PUNISHMENT ‘OF CRIMES AGAINST INTERNA. TIONALLY PROTECTED PERSONS. STATE JURISDICTION... AC INTERNATIONAL J FURISDICTION IMMUNITIES OF THE UNITED ZATIONS AND 118 OFFICIALS. ” OP JUSTICE. THE COURT OF JUSTICE OF TH#é EUROPEAN COMMUNITIES... ). THE BENELUX COURT OF JUS ‘THE EFTA COURT OF JUSTICE THE EUROPEAN COURT OF HUMAN RIGHTS... INTERNATIONAL HUMAN RIGHTS LAW... 196 [HUMAN RIGHTS UNDER THE UN COMMON ARTICLE 3... LIMITATIONS GN THE MANS ‘AND METHODS OF WARFARE...298 06) i 308 aL ‘ ma m0 ee a2 ———— = 1, THE CONCEPT OF INTERNATIONAL LAW 2 ee | | sto @Q. Define Public International Law. A B ©. D. 5 E G Q EF “THE AIRSPACE, THE OUTER SPACE, rg oe OnP 20, REFERENCES CITED 0m ne Be TREATIES, CONVENTIONS & DOCUMENTS crmed renninPUBLIC INTERNATIONAL LAW TDARREVIEWER by among international organizations themselves; -¢) between States or internstionsl organications andnaturad or juridical persons, ha oom “international Law ws esned by the ogc philosopher Jazomy Hontham |. What sre the three main schools of International Law? ‘The three main schools or theories inthe study af ntornational. Law are a » lived their inapiration from infuential Protestant philosophers of the enlightenment, incding Vatal, Kant ‘and Hagel, and during the 20th century, legal scholars ‘uch a Kelaun, Dacarkin, and Hast. (ibid) THE CONCEPT OF UPTEBNATIONAL Law 4 Who is considered the father of International Law? a in the basis of International Law? A. Several theories have been advanced as to the basis of International Law: 1) Direct consent — In the absence of any form.of inter. act law afterPUBLIC INTEROATIONAL LAW TAR REVIEWER Implied consent ~ fictinn to account forthe acceptance 2 “THE CONCEPT OF LITRRIATIONAL LAW . . example. It was 0 “soft law” when it was adopied by nesolution of the UN. General Assembly in 1948, but it hat led to the development of "hard law” with the adoplian of wo binding asain humanighe, 10) the flrnaional Covenant ‘and Political Rights and the International Covenant mnomie, Soci and Cultural Rights. Is “soft law," law? International Law. ble Intemational Law rogulates the relationship etwoen States and. intemational entities, regulates competing demands, and establish the framowork fr predictable and Private International Law focuses for international organizations, bprimarily of custom, More recentiy, Customary International creasingly codified foreign relations will have the Igad_mle International Lave for the country, in practice each aul>unit of @. What docs the Constitution of the Philippines provide with reference to International Law? (Bar 1995, 1946, 147) ‘A.(ivAs to the inenrporation or npplicabilty of International Lave, 5 Contittion provides that it “ont the genta As to validity of treat provides that "No t srnational agreement ahall be ‘SOURCES OP BFTERNATIONAL LAW 1 ‘valid and effective unless concurred in hy nt least twr.thinda of allthe Members ofthe Senate." (rt_ WAI Sec_21) standing of iniernalianal agreements vis-t-vis the ion, it provides that the Supreme Court shall have yer to review the eanstitutinnality.or_validity ‘Rights tn mor Fhilippine Government's compliance with international treaty obligations on human rights. (rs ‘XIU Sec. 1A42}) 4 t wether foreign mltary beso usps. be alone 2, SOURCES OF INTERNATIONAL LAW 0 Q. What are the sources of International Law? (Bar 2002) A. Article 28 of the Statute of the International Court of sustice furnishes an indirect answer to the question. The artice is “The Court, whose function is to decide in sccordance with, International Law such disputes aa are submitted toit, shall apply: a) International conventions, whether general or parti- cular, establishing roles expressly recognited by the contesting States (eg,, Viena Convention on the Law of Treaties)e nations (ancta sunt servanda, rex judicata, due p Subject tothe provisions of Article 59, judicial (General prisciples of lw recognized by In the absence of a treaty governing the relations Customary International Law. What are the sources of evidence of the existence of customary norm of International idence of eustom may be foun: diplomatic correspondence, ‘SOURCES OF INTERNATIONAL LAW ’ Statements hy governments, resolutions of the UN General ‘A._TREATIES 1._THE LAW OF TREATIES avtreaty? (Bar 1920, 1929, 1092) ‘Convention on the Law of Treatins national agreement concluded |PUBLIC INTERNATIONAL LAW ‘HAR REVIEWER Detwean States in written farm and gaverned by Inwriten form; ©) Governed hy International Law no force on 27 January 1980, ond entered Customary International Law? SOURCES OF INTERNATIONALLAW a ‘What is the scope of the 1980 Vienna Convention on the Law of Treaties? ff Customary International La govern questions nol eeulated by the prow What law governs treaties between States and inter: lorgenizations or between international organi 186 Vienna Canwention on the Law ‘and International Organizations ac ‘Organizations. {to whieh the Philippines isa party. £1961 Treaty of Pesce with Japan ‘g) 1054 South Eiagt Asian Tresty Organization (SEATO) hh) 1982 Convention on the Law of the Sea (UNCLOS)PUBLIC INTERNATIONAL LAW "BAR REVIEWER |- What are the other terms used for a treaty or inter: national agreement? What is the legal significance of ‘written fort. Nonetheless, the Convention shall not affects 8) the legal furee of euch agreements; ‘SOURCES OF INTERNATIONAL LAW a 7 Q. What are the restrictions on the aubject matter of treaties? Jn tho subject matter of treaties ~ Atronty is wid if, at the time iets with a peremptory norm of (Vienna Coiiéention: Are 83) @. May a treaty violate international law? If your answer is in the affirmative, explain when such may happen. If Arts, 52 & 53) Q. May a treaty become binding upon a State which is not a party to it? bby the international & norm from which ne ‘be-mosified only by aw having the“ [PUBLIC IETERNATIONAL LAW "HAR REVIEWER Q. What are the three groups of jus cogens norms? AL Theco are: 8) The first group encompasses the maxims of International rules of peacefal cooperation al Lave which protects funda- sient conimaon interests and the protection of humanity, espe sential human rights, 2 lish jew cogens from Jus diepositionm. , “disposable law") refers to norms b) Adoption of the text —the form and content of the t Malone, 19) treaty or for SOURCES OF INTERNATIONAL LAW 8 t Aathentication of the text — following such procedure ts may be provided for ia the text or agreed upon by the States participating in its drawing no particular procedure has been slynature, signature ad referendum representatives of those States: (Vien 10) ‘Conclusion —the final act that makes the treaty binding an the States the State ta be bound by a treaty? He is considered os representing the State for said purposes if ®) he produces appropriate plein pou it appears from the practice of the Heads of diplomat purpose of adopting the text af a troaty be! acerediting State and the ‘Stnte to which they are accredited; Representatives accredited b confarence or of its organs, treaty in that to an international ization oF one the text of a or organ. (Vienna|. Under Philippine Law, what are What isthe legal effect ofanactrelatingtotheconclusion of a treaty performed by m person who cannot be of the Vienna Convention as negotiation and ratification of treat What are the forms of conclusion or means of expressing consent to be bound by a treaty? [A State is not bound by a treaty until it has expressed its consent 6 be bound. This may be expressed by signsture, SOURCES OP RYTERNATIONAL LAW? ” 7 When is a treaty concluded by a State by the mere algnature of its rapresentative? ‘The consent ofa State tobe bound ty a treaty may be expressed » by the mere signature ofits represehtative when: States to be hound hy a treaty constituted by wechanged between them is expressed by that the instruments provide that their exchange shall have that effect: ar wd that those States were agreed instruments should have that effect, acceptance expressed by be expressed by od that the negotiating States wore agreed Uhnt ratifintion should be required; the representative of the State has signed the treaty subject to ratification; or (Vienne Convention, Art* PUBLIC INTERNATIONAL LAW ‘BAR REVIEWER @ Under Philippine law, who has the power to make treat by and effectivity of a treaty on 21. of the ‘east two thirds of al the Members ofthe Senate @ Under the Constitution, what is the role ofthe Senate in tthe conduet of foreign affairs? (Bar 1984) a3 ' ‘SOURCES OF INTERNATIONAL LAW 1" orthirds of all the affective unless concurred in by fon 21 of the 198? Members of the Senate, (Article Constitutions ‘The President alone without ‘the concurrence of the Ratification is the act by whieh the provisions of « treaty are formally confirmed and approved by a State. By ratifyi» PUBLIC TERNATIONAL LAW ‘HAR REVIEWER an it pope, Tha the Preieat as the diction ren Secretary, G.R. No. 168088, July 6, 2005) @ What is accession? A. Accesslon is a process by which a Slate expresses its consent States allowed to formulate a reservation when signing, ratifying, approving or acceding to a trealy? 6 which be made; the reservation is incompatible with the object and purpose ofthe treaty , 3. INTERPRETATION AND OBSERVANGE eo: pacta sunt sereanda? infor "pasts midst be reapactec” iple of Intarnational Law that is now codii 1 26 of the Vienna Convention of the Law of Treaties that eays that “every treaty i free is binding upan the parties to it and rust be performed ty therm in good faith”ISTERNATIONAL LAW HAR REVIEWER leaves the shésning ambiguous or obscure; leads to result which is manifestly absurd or unressonable. “What is the rule on interpretation of a treaty that has ‘heen authenticated in two or more languages? are presumed to have the same text, The text is deemed equally 4, INVALIDATION, TERMINATION AND SUSPENSION SE |. What are the grounds for the invalidation of a State's ‘consent to te bound by a treaty? ‘When is error a valid ground for the State's consent to be hound by a treaty? SOURCES OF IITERBYTIONAL LAW Pa Conuwntion, Art 48) When is fraud valid ground for the invali State's consent to be bound by a treaty? Hf a State has been induoed to conclude a treaty by the ‘may invoke sueh exrruption as invalidating its consent to bre bound hy the treaty. (Vienna Convention, Art 50) Whatisthe legal effect ofthe coercion ofarepresentative of the State-on its consent tobe bound by a treaty? ‘The expression of @ State's consent to be bound hy a treaty which has leer procured by the coercion of its representative d facts or threats divected ag without any legal effect. (Vienne Convention, Art. 51) 1. What is the effect of the coercion of a State by the threat or use of force on the validity of a treaty? A treaty is void ifits conclusion has been procured by the threat fF use of foree in violation of the principles of Intemational Law embodied in the Charter of the United Nations. Vienna Convention, Art. 52) A treaty in void peremptory ConventPUBLIC INTERNATIONAL LAW THAR REVIEWER 1. What is the legal effect of the emergence of a new peremptary norm (jur cogens} on existing treaties? invoke the provisions of its internal law as for its failure to perform a treaty? Importance, thon a State to be bound by a treaty has been eg internal baw regarding competence to conclude faith, Viena Canvention, Arts. 27, 48) When may a treaty he terminated or suspended? (Bar i999) A treaty may be terminated or suspended: performance, tm eineumstances (rebus ste stanti= Lreuties betwoon the parties; 8) he contracting partes. 1. What constitutes breach as a ground for termination or suspension of a treaty? ‘Tobe invoked asa ground for the termination or suspension of raty, the breach must be material. A material breach of @ ty eons i: a) a repudiation af the treaty not sanctioned by the Vienna Canvantion: or i SOURCES OF INTERNATIONAL LAW es 1 b)Useviolationafa provision essential tothe aor ‘ofthe object or purpase af the treaty. (Vienna stantibus a valid ground for terminating or ing from a treaty? ground for terminating ar mamatances co ‘transform the extent ‘under the treaty of obliga tions ail to be ‘What are the requisites of terminating or withdrawing from a treaty om the ground of rebus ale stantibus? ‘The requisites of terminating the ground of rebues ie stants or withdrawing from a treaty on a) There must wnge in circumstances;oF ” PUBLICINTERNATIONALLAW SovCHS OF TERA ONAL LAW MAN REVIEWER b) The change was not foreseen by the parties; i 5. EXECUTIVE AGREEMENTS ©) ‘The existence of thase cireumstances constituted an essential basis of the consent af the partis to be bound by the treaty; and «The change in circumstances must radically transform the extent of bl between an executive agreement a constitutional one and fas no internation From the point of view of International Law, there flifference between treaties and executive agreements in thei: binding effect upon States concerned as long ax the negotiating: Ie daes not affect the legal relations established between them by the treaty except in so fur as the exlatence of diplomatic or consular relations ia indispensable for the application of the treaty. (Vienna Cansention, Art. 63) |. May States that have nadiplomatic oreonsul conclude treaties? ‘Yes, the absence oracveranceof diplama tier eonsula betwen two oF niore States does not prevent the cone! ‘treaties between thom. Vienna Convention, Art 74) relations (ew), however, makes 0 an execatire agreement. f | What is the effect of war or outbreak of hostilities between States which are parties to. treaty? ‘The outbreak of an armed cunflic neo facto terrinte OF suspend the operatian of treaties in force between, the Parties to the armed confict. (The Effects of Armed Conflict on Treaties: Resolution ofthe Institut de Droit International, 1985 Helsinki Seosion, Art. 2) What is an “armed conflict” for purposes of the 1985 lain Session ofthe Insite! de Droit International” | ‘An “armed conflict” is a State of war or ai int ‘conflict which involve armed oparations which by the ‘or extent are likely to affect the o States Parties to the armed confl to th 3 2 bist ration by any or all of the Gum he snotentcondnct of States einem ofthe bai the armed conflict. Art. 11 that the Jaw required thom inact that way. (Rovere, 59)os PUBLIC INTERNATIONAL LAW ‘BAR REVIEWER. @ Whatare the elements of customary norma? @ ‘Significant number of the requirement that the @ Opiniosluris Sive : obligation; and @ Is there any particular duration required for a practice to ripen into a customary norm? ze @ Does the U.N. Charter acknowledge the existence of Customary International Law? A. The UN charter acknowledges the existonco of Customary Intern such disputes as. are submitted toi, shallapaly..«international custom, asevidence ofa gencral practice areapied.as law" SOURCES OP INTERNUXTIONAL LAW 20 t What arethe two approaches to Customary International Law? ‘The two opprosches are 8) Qbjcctivice approach = considers customary norms of ‘Lotus, France v, Turkey, September A,Ni0. 10) Explain the Persistent Objector Doctrine? Define “usage” in Internation, A usage” is a general practice which daos.not snlact a leg obligation, and examples are aomamonial salutes ot soa and the piactice of exempting diplomatic yebicles fom pecking arobibitions- (Brownlie, 5) ‘The Legal yardstick in determining whether usage has ‘eccoms suziomanc international law is expressed in the siaxim oplala juris sine necessitates 69 opinia juris for short. What does the maxim mean? (Bar 2008) sa opposed fn motives of courlesy, Fairness ac morality. Opinio—__ PUBLIC INTERNATIONAL LAW ‘BAR REVIEWER Juria is thetsubjactive element of international customs, + hiaetive element being the lang-and ennistent practice States. ). Do resolutions of the U.N. General Assembly constitute | customary norms of International Law binding on ! ‘momber-Sintos? No, resolutions of the UN. General Assembly are mare ! . If customary norm is codified as part of a treaty or a convention, will it lose its status as customary norm? [BQUITY INTERNATIONAL LAW a ‘ ‘the International Court of dust use equity as an[PUBLIC INTERKAFIONAL LAW BAR REVIEWER overriding principle, that is, disregarding all other available sourees of International Law, even the prinipal ones, |. What are the functions that equity may perform in! International Law? ' Equity ean perform three functions: 1b) it eum be used to il gape in tho law (aguity praetor lege), and ©) it-ean bo used as a reason for rofusing to apply unjust laws foquity contra teger.(Akehurst, 800) | |. THE ROLE OF JUDGES AND PUBLICISTS. Are jus jal decisions and the teachings of the most Is tho International Court of Justice bound by the doctrine of stare decisis? (No. While Artioln 38 of the Statute of the International Court and in respect of ‘does look to prior holdings as being highly ps the Court [BXTERNATIONAL LAW ANDDUNICPAL LAW = What is the role of the highlyiqualified publicists in the development of Intern: a) Monism — The monisttheary supposesthat International Law and national law are simply two componenta of «a [PUBLIC INTERNATIONAL LAP ‘HAL REVIEWER b) Dusliam = The dualist theory considers International ‘Law and national law as independent of each other, and both eysteme are regarded a# mutually independent. They exist “side by side wi 2 national Court of J of view ofan interns the prablem of which tthe view of those who think the manist-dualist debate is passé, also think it right that the difference in response toa clash af International Law and domestic aw in wariaxs domestic courts is substantially conditioned by whether the country concerned in ite approach.” (liggins, 205) INTERNATIONAL LAW AND MUNICIPAL LAW Pa t national law, da not operate in common field, they ean never ‘come into eonfict. Fach one of them is supreme in its own say apparent conflict in the domestic field j= oparation. (AOA What is the Incorporation Theory? Is International Law considered part of local or domestic law? (Bar 1935, 1994, 1997) cortnin ruleof International Law ns long 1s thore is no explicit contradieting piace of law or judgment. Isthe Incorporation Theory followed in Philippine law? ‘What is the Transfarmation Theory? Distinguish it from ‘the Incorporation Theory. |. "The transformation theory holds thet rules of International ‘Law do not become part of domestic or national law until they Ihave boon expressly adopted by the State, diffrence between incorporation and transformation the former adopts International Law inta nationalPUBLIC INTERNATIONAL LAW ‘BAR REVIEWER Does the Philippines apply the Transformation Theory? ‘The Transformation Yea, but ‘sde by side with the Incorporation Clause under Article I, Section 2 ofthe 1987 Constitution. The Transformation Theory making power of principles embodi reed into Philippine Law What arethe different typesof Transformation Theories? ‘These are: 8) Hard transformation theory ~ it holds that only legislation can transform International Law into domestie ce International Lew only. where a Stateeun transform international What is tho nature of the incorporation theory that is applied by the 1987 Constitution? 1. What is the status accorded to the generally accepted principles of International Law vis-i-vis Philippine domestic law? Under the doctrine of incorporation as applied in most pe 2 a [BVTERNATIONAL LAW AND BIUNICIPAL LAW 2 countries, niles of Internati ‘qual, nol superior, to 18. Court of Appeals, 224 § Law are given 2 standing sislation. Philip Morris, Ine 76, $99 {1983)) |. What is the Charming Betsy canon? ltiseanon of statutory construction enunciated by Chief Justice ‘Jobs Marshall of the U. ‘with an international agreement of the United States" (Restatement, note 1, 2143, Cite some specific norms of International Law which ‘have been codified in the 1987 Constitution? of International Law 1887 Conettntion: May the Supreme Court review the constituttonality or validity af a treaty, and of international or exeeutive, agreements? Yea, the Supreme Court is expressly givan the power of judicial review under the 1987 Constitution, which includes, among. thors, the power to review, revi ‘modlfy, ar affirm on appealQ May lower courts review the conatitutionality or y of a treaty, and of international or executive 12497, August 4, {TE INDIVIDUAL UNDER I TERNATIONAL LAW ” ‘ @ May the Supreme Court nullify « trealy when It rune ‘counter to an Aet of Congress? ‘A. The provisions of s treaty are always subject to qualification co amendmont by « subsequent law, of that it Ls subject to the police power of the State.(Tehong v, Hernandez, 201 Phil. 1155 Supreme Court may not be depri power to rex revise, modify, or affirm on appeal or certiorari, as the law oF 6. THE INDIVIDUAL UNDER INTERNATIONAL LAW A._THE LAW OF NATIONALITY ity? AL Nationality isthe bond which unites a person toa given State, ‘which constitutes his mamborvhip in the particular State, which fives him a claim to the protection of that State, and subjects him to the obligations ereated by the laws of full rights and privileges.of membership mmanunity.1 ‘THE INDIVIDUAL UNDER INTERNATIONAL LAW a ‘BAR REVIEWER t ‘What is ¢he nationality principle? a) Article 3— A person having two or mare nationalitiae may be regarded a3 its national by each of the States ‘whose nationality he possesses, b) Art 4.~ A ‘State may not afford diplomatic protection to one of its nationals against a State whose nationality ‘uch person also possesses. ©) Art §~ Within.» thind State, a person having more than. of the eountry with which in the circumstances he appears Lobe in fact most closely connected. (Doctrine of Effective Nationality) d) Art 6A person possessing two nationalities acquired without any’ v 18) Article 1~ Its for each State to determine under its own Jaw who are its nationals, Thi other State international custom, and the prineip recognized with regard to nationality. Art. 2 = Any question as to whethe Taw, are two conditions fae the exereise of diplomatic2 [PUBLIC ROTERNATIONAL LAW ‘BAR REVIEWER jonal Stnte in respect of ita own nation ha an international obligation és owed rogarding bresch of that obligation, ase fLicehtenstein v. Guatemala), 1956 ‘Explain the Principle of Continuous Nationality. ‘This principle applies in clsims for diplomatic protection. It ‘aguinst whom itis put forward. (Brownlie, £83) What Is the Principle of National Treatment? other countries for holidays but he continued to have | ‘his fixed abode in Guatemala until 1943, In 1959 he left the defendant State has broken an obligation townrde the {HIE INDIVIDUAL UNDER INTERNATIONAL LAW * ' |. What ir the genuine or effective Hink requirement in conferring nationality?“ PUBLIC INTERNATIONAL LAW THAR REVIEWER Q. May « State prohibit ts nationals from nationality? henstag thts AL Asarule,no, ® [AL Thies the dstrine thot th bond of national could ever be broen Ths fa the baie ofthe doctrine af tee that “No one akall Be arbitrarily depri nationality nor denied the right to change his nationality.” {RE INDIVIDUAL UNDER INTERNATIONAL LAW « Ce TENT B. THE INDIVIDUAL AS A SUBJECT OF INTERNA- TIONAL LAW —_— Q. What lea “subject” of international Law? nal Law ig one to whom rules of international, p. 522 What is an “object” of International Law? A. An object is & persom_or entity for_which the subjects of International Law hold rights and_obligations im the ‘international legal order. @. Discuss the traditional dichotomy between “subjects” and “objects” of International Law? ‘A. Traditionally, only States. may be regarded dividual human being seearding to Internation international ight, But rights granted by municipal law in fsceordance with a duty imposed upon the State concerned by International Law.” + Banuick argued, homever, that “if the formel relations of ‘Statee proced, a a matter of fact, upon the basis of their corporate character, this can be said to be a mere histori 3)PUBLIC ISTERNATIONALLAW ‘BAR REVIEWER. |. Whee may an act of an individual become an Act of ‘Stato? ‘An act of an individual becomes an Act of State iCit-may be other States, such as the Head of State. What ig the status of an individual under International Law? (Bar 1982) {THE INDIVIDUAL UNDER DVERKATIONAL LAW « i Jogal personality: before the court mat.aa mere citnenses.for the prosecition, but-as parties ssho.maye diesel participate in the proceedings. Cite examples of international agreements or covenants that authorize Individuals to fle suita against « State before national or International tribunals. ‘The following international agreements or Individuals to, flle suite againet a State international tibural ” @ by competent. judicial, administrative or legislative authorities, or by any other competent authority provided far by the legal system ofthe State. A treaty in force between the Philippines and State A‘The Japanese Government confirmed that during | the Sscond World War, Filipinas were among those | conser ipted as “comfort women” (or prostitues) for Sapanese troops in various parts of Asia ‘The Japanese Government has accordingly launched goododllcampaige and has offered the Philippine Government substantial assistance for a program that Will promote = through government and non-govern- mental organizations women's rights, child welfare, nutrition, and family health care. ‘An executive agrecment is shout to be signed for that purpose. The agreement inclures a clause whereby the Philippine Government acknowledges that any liability to the “comfort women” ‘or their descendants axe duamed covered by the reparations agreements signed tnd implemented immediately after the Second World Jana Iglesias, a descendant of a now decoased #53 U. S. 654, 679 at 652 683) the Philippines, received marreparatians and, in return, walved all claims sgainat Japan arising from the war. Is that a valid defense? aaPUBLICRYTERIATIONAL LAW ‘BAR REVIEWER The Japenese military violated the norm prohibiting rape and other fo international hum: im the latter part 19th century, the customary laws of war prohibited rape and other forms af sexual ‘Convention, Ts 4 report submitted in 1998 to the UN Sub Commission ‘THEE INDIVIDUAL UNDBRE ENTHRNATIONAL LAW a ofthe Allid Powers and theit nationals arising out of any aetione taken By Japan and its nationals i the eourse of the prosecution ofthe wer, and claims ofthe Allied Powers . that the restitution af, h property confiscated, oF ex wy any'of the by the treaty of posce; and if there had been no provision, respecting these subjects, in the treaty, they could not be agitated after the treaty, by the British government, not prosper. The Japanese government. for damages bofore Philippine courtscy PUBLICINTRRNAMONAL LAW BAR REVIEWER 7. _ STATES IN THE INTERNATIONAL SYSTEM ‘A. THE CONCEPT OF A STATE Q What ie a State? (Bar 1997, 1 Intersational Law, « State is defined a3 that haa on, under the cantrl (Montevideo Convention, Art. d) Q. What fs the Montevideo Convention? Q. What are the facts of statehood? A. The facts of statehood, which form the basis of the existence af Stata in the international corsraunity, ane 8) Permanent population; 1b) Dafinad taretory, ©) Government; and Capacity to onter into reletions with ather States (Montevides Convention, Art. 1! 2 When does n new State come into existence? [STATES IN THE INTERNATIONAL SYSTEM = t independence of control by any other State as tobe capable of conducting its o¥n international alations, Brierly, 229) When does a now State become sabject to International Law? (Bar 1937) sional Law from the respect to peremptory erga omaes under Is there @ minimum number of people required to No, there is no minimum mumbor of peaple 1, with @ perinanent population of Srakired » Sine, Antares, Rewer has no perma and is, in part for Usat reason, not considered « Bike. lolone, 473 May a State exist without the eontrol of an effective government? 1 an effective gavern ind able to assert taePUBLIC INTERNATIONAL LAW HAL REVIEWER ein regime and even ont suthosty alone wall from statehood: te accupied by an enemy in times af war continue ing full membership in "They exercise undivided Dependent States ~ those that have practically complete ., they have “internal independence,” while they have been subject to a greater fr Ieeeer degree of dependence upon another State in respect of their contre! over their relations with third SPATRSIN THE INTERNATIONAL SYSTEM Ps Examplea: Romania from 1820 to 1878 was a vassal State subject to the suseraiaty of Turkey (Td) 2, Protectorates a State mhich has by formal treaty placed iteelfundos the protection ofa stronger power, 1e under the protection of Great ay in 0S. (2, 129) 4) Confederation and Unions - States which are sasoclated for certain epecife purpose, {international purposes there exists not ane but a number of States. Examples: the United States from 1778 to 1787 and the German Confederation from 1820 to 1868.) Give the difference between de facto and de jure government? (Bar 1920, 1926, 1933) A do jure government im power even though it retains little actual pow Iy, ade facto yovernment“ FUBLIC BYTERNATIONAL LAW STATES INTHE DUTERNATIONAL SYSTEM Pa ‘BAL REVIEWER \ {is impliedly @ government which iain contro but legally so, (Malone, 62) @. What are the three kinds of de facto governments? AL Thethnee kinds of defacto governments are Discuss the kinds of State successions? re State succession may be universal or partial 2 ‘and government. This eontinuit State may withstand even the most radical transformations in lus conatitution.(Penuoick, 158) Q. What is meant by State succession8 PUBLIC INTERNATIONAL LAW ‘BAR REVIEWER. ‘of States was a dependent territory for the international relations of which the predecessor State was responsible. (A Uff, 1978 Vienna Convention on Succession of States in Respect of Treaties) @. What is the status of the Vatican City and of its ruler amidat the family of nations? (Bar 1946) ver the Vatican (A723) ‘The Lateran Treaty of 1929 thus ereated 4 new international ‘acres of territory and a handful of subjects, wide interests and activities are such as to ‘sense an “international State." (Fenwick, 125) ‘The Holy See, through its Ambassador, the Papal Nuncta, hhas had diplomatic representations with the Philippine | pears to be Use universal (Holy See ». Del Rasario, B. RIGHTS AND DUTIES OF STATES @ What are the rights and duties of States? (Bar 1928, 1985) ‘STATES IN THE DETERNATIONAL SYSTEM 0 Reports 1907, enumeratn the ght and dato of States an Rights of States: fb The right to independence and hence to exercise freely, recognized by Internatio ©) The right to equality in law with evary other State. (Ari, 5; Seealso UM, Charter, Art 21) 4) Every State has the wight of individual ar collective self ‘defense against armed attack. (Art, 12; also embodied in Art. 51 of the UN, Charter) Duties of States: 8) Ta refrain from intervention in the internal or external affuirs of ony other State. (Are distinction as to race, — Toensurethat conditions prevail ‘menace international peace ©) Tosottleits disputes with other Statas by peaceful means in such a manner that international pence and security, and justice, are not endangered. (Art, 8) 0 To refrain from resorting to war as an instrument ofe e PUBLIC RYTERNATIONAL LAW TAR REVIEWRE nce to any State which i vor agin which Ube United wc or enforcement action. (Art 8 in Frotstacoumiting any territorial acquisition by jon of article 9, (Art. 11) tions arising from may not invoke provisions in its con ‘ban excuse fr fare to perform this duty. Are. 13) 4) To conduct its relations with other States in accordance with Totaznational Law and with the principle that the Eegat Consequences of the Co Occupied Polestinian Territory (9 ‘maxim hold snot pro recognized in international law. ‘Law of the Sea that provides that "States good faith the obligations assumed under int, jurisdiction and ‘would not constitute an abuse of right What is the Doctrine of Equality of States? (Bar 1930, 1081, 1932, 1998) ‘This dactrine saewns that all States are Law despite of their obviows factual ineq) population, wealth, strength, or degree of @ ‘SPATESIN THE INTERNATIONAL SYSTEM By What are the consequences that follow fromthe Doctrine of Equality of States? saheim lists four consequences that follow from the What is independence? (Bar 1924, 1090, 1932, 1948, 1946) Independence in regard to & portion of the globe ia the right to exercise therein, 10 the exelusion Discuss the right of independence? This is the right of a State to be froe from control other State in the management of its domestic af mn of its relations with other members of the pendence? ional selfigor juriodiction ofPUBLIC INTERNATIONAL LAW ‘RAR REVIEWER ‘the State to control all persons or property withi ‘ervitarial domain. b) External independence - the supreme power of the State to determine the relations it desires to maintain ‘with other States, without interference on the part of any third State What are obligations erga omner? Give examples. gations eoncorning the protection o ‘human rights, obligations relating to self-determination aid obligations relating to the environment. ‘The concept was recognized by the International Court. of Tustie in ils decision in the Barcelona Traction cass, stating that: an essential obligations of a unity as a whole, and those arising vis vi State in the eld of diplomatic protection. By 1a) anobligation under general International ‘owes in any given cage tothe international ‘low of ta commos values and its eoneern far come fo that a breach of that obligation enables all States t» take actions or » ligation en (Obligations ad Rights Erga Omner in SATS ey NTERNATHONAL TEM a of the Institut de Droit International, ion, Krakow Session, August 27, 2008, Art State in particulars 8 ion of the internationally wrongfl set te, entityor individual whieh specially affected the breach, in should be effected unless mate le (Ud, Art. 2) impor. C. STATE RESPONSIBILITY Ie a State responsible for an internationally srongful ‘Session ie 2001. appears in the annex to General Assembly resolution 56/85 of 12 December 2001) lements of an internationally wrongful ‘There is an internationally wrongful act of a State when conduct coasiating of an action ar omission: hutable tothe Seate under Enternational Law; and tas a breach of an international obligation of the State. (ld, Art. 25[PUBLIC INTERNATIONAL LAW ‘BAR REVIEWER, What is attribution? thro 5 groups o athe State” on its behalf, As recently noted by the [CI mmthe Differences Hlaman Rights (38 ILM 873, 1 ree hate most be regarded ax an act of that State” (Boezek, 3) What conduets are alteibutable to the State? ty of States for Pntrmationally as acts of 4) ‘The conduct of a person or group of persons that ia ia Taezerercising governmental authority in the absence or ofault of the official authorities and in civeimstar such a that authority. (Art. 9) fe) The conduct of an insurrectional movement which ‘eengnes the new Government of a State. (Art, 1011 1. In a raid conducted by rebels in « Carl StATES IN 1 INTERNATIONAL SYBTED 6 its administration, shall be considered am act of the new State (Art 10.20) 1®) Conduct which the State acknowledges and apts as its owe. (Art. 10) 7h american businessman who has been a long-time steidemt of the place was caught by the rebels and robbed *E his cash and other valuable personal belongings Within minutes, two truckloads of government troops Wiived prompting the rebels to withdraw. Before feing they shot the American causing him physical iMuriee Government troopers immediately Iaunchet purwult operations and killed several rebels. No cash OF Piher valuable property taken from the American was recovered. Iman action for indemnity filed by the USGovernment in: ‘behalf of the businessman for injuries and losses in cash ped property, the Cambodian government contended that under Ingernational Law It was not responsible for the acts of the rebels. of the Cambodian Government b) Suppose the rebellion is successful anda mew gow: aeerent gains contral of the entire State, replacing the Lnwfal government that was toppled, may the pew government beheld responsible for the injuries te losses suffered by the American businessman? (Bor 1985) tention of the Cambodian Government is the acts of correct, the rebels, Under the Principle Tmputation, « State only incurs lish fed or omigsion which can be attribu re not its oficials, agents, or representatives and they More not acting on Che instructions ef, oF under the Bireetion or eontral of, the Cambodian Government.2 PUBLIC DETERNATIONAL LAW Wrongfl Acts, the conduct of an inzurreetional movement considered an sct of that State wader International Lave. Walang Sugat, a vigilante group composed of private businessmen and civil leaders previously victimized by the Nationalist Patriotic Aray (NPA) rebel group, W: implicated in the torture and kidnapping of Dr. Menge! ‘a known NPA sympathizer. Under International La ‘what rules properly apply? What liability, if any, arises thereunder if Walang Sugut's involvement is confirmed? Bar 1992) ‘Whether Dr, Mengele is farcigmer ov a Fil Calvo who-argued in his tre internoeional te6riee y pri that a State could not accept de Europa y América (1868) ansibility for losses salfered Doctrine from the Calvo Clase. he State not responsible eof civil war should not see. The Clause ie ‘used chiefly in cantracts between government and aliens. ome governments or contract rights. A State is responsi STATES THE DOERNEONAL SYSTEM ° ‘The general tanor ofthe Calvo Clause is that the alien sgrees dispute that might arise out of the contract is to be ise toany international reclamation. In some ‘805, the alicn is ta be “considered a national” forthe purpose ‘of the contract. Fenwiok, 202) May the conduct of a State organ or a person oF entity exercising government authority be considered an act, fof the State if It exceeds its authority or contravenes instructions? ‘Yes, the conduct of an organ of « State or of « person or entity empowered ta exercise elements ofthe governmental authority shall be considered an act of the State under International ). When is a State responsible for the wrongful act of another State? in connection with the wrongful act of State when: ists another State in the commission of an ugha act (2, Are. 16); and controls another State in the commission of tionally wrongful act (2d, Art. Is nother State to commit an internationally squisites are present: knowledge of the ercumetances ‘tel andPUBLIC ISTERNATIONALLAW BAR REVIEWER b) The act wold be internationally wrongful af committed bby that State Is a State that is at war with another State responsible for losses suffered by newtral aliens in its territory? tinal ee ate cas hand power io proven the acl Mind jeaply committed to the necess eto take lata acrount the spec .. What are the circumstances that preclude the wrong, fulness of an international act? of States for Internationally Wrongful rmatances prechide the wrongulness of <4) Foros majeure (ld, Art. 23); im af distress, whore the State has na other reasonable way, of saving the lives of persons E Art. 28) isthe only way for the State interest against a grave and 8) Compliance with jus cogens or peremptory norms (Id Art. 26) may be imposed ly wrongful act? the injury enused by the internationally ‘take the form of restitution, compensation | Abreach STATES IN TH EVTRENATIOMAL SYSTEM o a » ‘This shall cover any financially assessable damage including lass of profite insofar as it ix established. (Za Art, 364 ©) Satistuction ~ insofar as the injury cannot ba made ‘goad by restitution or compensation. It may consist in an ‘acknowledgement of the breach, an expres State (ld, An. 97) What is restitutio in integrum? It is the fundamental princi governing the duty to make 2 1927 PCL, (oar. A ). When is breach of an obligation under International Law serious? an obligation under Tnternational Lave is {it involves a gross or systematic failure by the resp ‘State to full the obligation. (Id, Art. 40) When is there aggravated responsibility? Aggravated responsPUBLICIVTERKATIONAL LAW AR REVIEWER In the case of this aggravated responsibility the material May the injured State take coundermeasures against State which is responsible for an internationally ‘wrongful act? What countermeasures, ifany, may be taken against the responalble State? reprisals; 4) Other obligations under peremptory norms of generi International Lav, (id. Art. 50) i ‘STATES INTHE INTERNATIONAL SYSTEM a al D. STATE SOVEREIGNTY ee —_— 1. SOVEREIGNTY AS ABSOLUTE eee Q. How is State sovereignty defined in International Law? «Bar 2006) A. As expresting the independence of the ‘other States, sovereignty may be defined, ‘personality of the State in relation wi immunity, In this sense, 6th Edition) 1 the absalute right to ‘Kan. R. Co., 33 F. 900, wer by a State, De jure facto eovereignty Is sovereignty to the same extent impose such restricton."(7 Cranch Hy their voluntary act nations may surrender some aspects| PUBLIC RETERNATIONAL LAW i of thefr State power in exchange for greater benefits granted ‘After all, States, like os. Angana, GR. No, 118295, May 2, 19978 —— 2, AUTO-LIMITATION OF SOVEREIGNTY What is the principle of auto-limitation? (Bar 2006) The Philippines has become a member of the World ‘Trade Organization (WTO) and resultantly agreed that it “shall enaure the conformity of ita Iaws, regulations and administrative procedures with its of provided in the annexed Agreements.” This is assailed for being unconstitutional because this undertaking unduly, reignty and means among others that Congress could not pass legislation that will be good for our national 2 SETS IN THE NTERSATIONAL SYSTEM 2 ‘conform to the WTO Agreemenits, Refute this argument: (Bar 2000) powers of administration exercise of many of the powers of the territorial sovereign the possessor for a particular period. In this ease, the grant ot possessor acquires de facto of nominal sovereignt while the grantor retains residual sovereignty. Sovereignty gives the territorial savereign the pawer to grant. for renew concessions with regard to its territory, (Brawnlie, 110,PUBLAC INTERNATIONAL.LAW HAL REVIEWER 3. INTERVENTION AND NON-INTERVENTION What is intervention? (Bar 1997, 1999, 1941, 1949, 1960) , intervention denotes almost any act of Interference or the foreign affairs of another State whi independence. A mere tender of advice bout sonae matter within the competence of the latter to decide self would not be an intervention in this sense, though it ive form if must either be foreible or backed by the force, (Brierly, 908) |. Discuss the principle of non-intervention. (Bar 1930, 1931, 1999, 2941) ‘The principle of nom-intervention is a norm in International law that prohibits States tram interfering into the domestic harer provides that Nothing contained in the present Charter shall suthorize the United Nations to intervene in matters which are essenti n the domestic jurisdiction of any Stat | requie fhe Maribor to subs, uch mattars to 1¢ present Charter, but this principe hall not peice What are the grounds for intervention? (Bar 1932, 1992, 1989, 1950) Some cf the grounds thet have been advanced to justify Intervention are: a) When it fs justified as a measure of sel-defonce by the State; b) As. measure of legitimate reprisal; ©) When it takes place under a treaty giving such right to the intervening State; 2) When it ia done for humanitarian reasons ‘STATES IN THIE INTERNATIONAL SYSTEM a v 1. Discuss the Doctrine of Contingent Sovereignty. military intervention last resort, in the ovent of gemteide or other large scale Lal principlesof R2P areembodied in paragraphs 19 of the September 2005 World Summei¢ Quecome =wet% ‘PUBLIC INTERNATIONAL LAW TAR REVIEWER document (U:N. Doc. A/60/L., Sept. 20, 2005) which states that: 128, ce A. ®) Hedepends om the purpose it the aid. If the purpose of the foreign aid is for some legitimate public service prograims, then it may be jastified, but if the purpose is ‘support the fight of the rebels against the duly the Monroe Doctrine? What principles are ‘in the Manroe Doctrine? (Bar 1946) the doctrine based om the Stata of the Union address of although y or amendment to the Monroe 5 intervention throughout the “Any country whooe people condsiet themselves well ean count, tion shows —{PUBLIC ENTERNATIONALLAW ‘BAR REVIEWER | leewhere, ultimately require intervention by some divi |. Who is Luis Drage and what is his doctrine? (Bar 1946) Luis Drago (1859-1921) was a former Minister of Foreign ‘Affairs of Argentina. His doctrine concerns the question ef Has the Drago Doctrine become a binding doctrine in International Law? “The Contracting Powers agree not to have recourse to armed force for the recovery of contract. debts claimed from the Government of one country by the Government of another country as being due toils nationals. “This undertaking is, however, not applicable when the debtor State refuses or neglects to reply te am aller of arbitration, or, ‘campromise ro fails to suben [STATES THE RCTERNATIONAL SYSTEM. ” ———————————————— E. STATE TERRITORY @. What are State boundaries or frontiers? ‘AL State boundaries or frantiers are the barriers distinguishing tersitory. They ‘extend not only aeross but beth upwards and downwards into the airspace and subsurface areas, Boundaries are most often determined by agreements betwoen parties, rather than being dictated by principles of International Law. (Bfalone, 48) Q. Explai AL When part ofa territory ofa state become the moving boundary rule. of States relates from the date of the succession of States; and bb) treaties ofthe avecrsvor State are in force in respect of the territory to which the succession of States relates from the date of the suecastion of States, unless it appears from the treaty or is otherwise established thatthe application of the treaty to that territory would be incompatible with the object and ppurpase of the ically shange the ‘conditions forFUBLICINTERNATIONAL LAW HAR REVIEWER What are the modes of acquiring territory? (Bar 1929, 1982, 1938) International Law recognizes the following mades of acquiring territory: 81 Cention — seeurs when the acquiring soveroign drives posseeaion or occupation by the sequiring soverei¢n 3 subjects domiciled a hosome nationals of o Accretion — signifies an inerease inexisting land masses is a sine qua non for acquisition af ttle by subjugation Perl, 15) Prescription ~ jst [STATES IN TE TERNATIONAL SYSTEM a t ‘power during such period as is necessary tocreate, under the influence of historical development, the ge ay perteet its ttle to an insular arta by exercising peaceful and effective jurisdiction over the territory fara prolonged period. By therules governing What is a forra nulius oF res muldius? ‘An uncecupied or un-owned land; that i existing State What is res comme A thing commonCIVTEANATIONALLAW ‘BAK REVIEWER ‘was established and that Denmark was able to show numerous, legislative and administrative acts purpor d. May the State alfenate its territorial sea without the coast itself? NNo, the territory al’ State by defini Inciudes a territorial sea and the lerritory and its territcrial sea, This proposition fas the “doctrine of appurtenance™ at obligations and confers upon the sovereignty which it exercises aver Reports (1981), 160). Explain the Doctrine of Inchoate Title. ‘Thia doctrine means that since an effective occupation must usually be a gradual process itis eonsidared that some wal ‘STATES IN THE INTERNATIONAL SYSTEM 6 ‘or a sort of option to occupy which other States must. respect while itlasts. (Brierly, 154) Palmas (also referred to ax Miangas) is which had a population of about 750 and was of little strategic or economic value. It sila about halfway between the islands of Mindanao in the Philippines and jes. Itis, however, wit nes as define the Treaty of Paris and thus ceded to the jin 1898, Has the United States acquired sovercignty over the island? ‘The Nethetlunde title of saverel and peaceful display of State ‘during a long period Tt remains now to be seen whether the United States as ins position to bring forward an equivalent sa claim to establish2 PUBLICINTERNATIONAL LAW TARREVIEWER sovereignty by effective aceupation. An inchoate title howeve more rights than she herself possessed. Thi the macim “nemo dat quod nan ‘no one can give anothor any better |. What is the Doctrine of Inter-temporal Liaw? In instances where the rights af parties to a dispute derive from legally significant sels, or a treaty conch How can the observance of our law on national territory: be enforced upon individuals, and upon States? (Bar ‘become subject to our law and jurisdiction as soon.as hey enter ‘our national territory and any encroachment or unauthorized or illegal entzy inta our territory may bo punished under our Inws. political independen inconsistent with the Purposes of the United Nations. STATES EN THE INTERNATIONAL SYSTEM ‘6 What is the Thalweg Doctrine? divided by a flowing bod : thalwe, which ie the deapest portion ofthe channel Q. What is the Doctrine of Reversion? A. When a transfor of sovereignty occurs, and the successor F,_RECOGNITION —————————— ition” and what is the mode or scoorded? (Bar 1950) the willingness to deal with representing the State os a community. (Malane, 47) To Q. Whatis meant by “res procedure by which ‘then the older member enters into official intercourse ‘the new member by sending diplomatic representatives ith it, or otherwise entaring inte formal Feruick, 137) Q. Define recognition of a government? (Bar 1917) AL Recognition ofa governments an acknowledgment that iis in te, Recognition ofa government under is not dependent upon the constitutionalityPUBLIC IETRENATIONAL LAW ‘BAR REVIEWER i Distinguish recognition of State from recognition of government. (Bar 1967, 1975) Under Philippine Law, who decides whether or not a ceriain State or government should be recognized? (Bar 41987, 1846, 1947) What are the rules of recognition for « new goverument coming into power by means not provided for in the constitution of the State? A now government coming into power by nuns not provided test of whether the new to government, ey i i government is at least 4 de e re STATES IN THE DNTEENATIONAL Sone ” in actual control of the government State and exercising its authority opposition. by The eecond tact ew government the . [PUBLIC INTERNATIONAL LAW 1. Give examples of multilateral international agreements that require States to extradite the persons sought or at hele ease to the competent authorities Nareotic Drags and Prychotropie Substances | May a request for extradition be refused? (Bar 1937, ‘What are the sive postulates of extradition? In Government of he USA. Judge Purganan, Spin ‘ ‘STATE JURISDICTION ms ' ‘sunt servanda to comply in good Faith with our jone under the Treaty; pendency of the extra In the 2002 ease Purgonan, the Supreme Court ruled that the constitutional provision on bail does not apply to extradition proceedings.PUBLIC I2TERNATIONAL LAW BAR REVIEWER However, in light of the various international treaties giving recognition and protection ta human rights, particularly the rights.’ The Philippines, therefore, fas the respar can participate to decide without order their authorities person under d fundamental ri toe admitted jon Treaty between France and the Philip- 1s to its applicability with respect to rior to its effectivity. a) Can France demand the extradition of A, a French national residing in the Philippines, for en offense committed in France prior to the effectivity of the treaty? (Bar 1996) by Can A contest his extrad ‘violates the ex poe! faclo provision of the Philippin ‘Constitution? (Bar 1986) a) Yes, an extradition treaty may epply to crimes committed prior to its effectivity unless the treaty expressly exempts Shem. (Cleugh v. Strakosch, 9 Cir, 194 5) No The concept of ex post facta Lawes penal and criminal statutes piece of criminal legislation nor a c: statute, It merely provides for the STATE SURESDICTION. a wanted for prasacution of an offe offense of crime was already commi Appeals, 235 SCRA 341, August 18, 1994) Is extradition a eriminal proceeding? ze return to the staLe from which be fled, forthe purpase of or punishment. latin Jr, GR. No. 253695, April 19, 2007 C, IMMUNITIES FROM JURISDICTION 1. STATE IMMUNITY @ What is the doctrine of Sovereign Immunity under International Law? (Bar 1998) AL By the doctrine of Saversign Immunity, a State may not be ‘sued without its consent in the local courts of another State asae PUBLIC INTERNATIONALLAW RAR REVIEWER «necessary consequence of the principles of independence quality of States. The rule ix derived fram the principle ofthe sovereign equality of States, az expressed in te maxim par in orem non habet imperium (Latin, “among equals, chere can Q. Give an example of an act of foreign States that had been considered as an act jure imperil by the Supreme Court. ‘As ‘The following are examples of acts of foreign States that hall hoon considered a8 acts jure imperi by the Supreme Court © a ing for the repair of a wharf to.commercial or business purposes. (U.S.A. Rui, 136 SORA 487 ¢1987)) ) Entoring:into a Maintenance Agreement by Indonesia fr [STATE JURISDICTION ue igo States that had nis by the Supreme to American servicemen and the general public at the Joka Hiay Air Station in Baguio ‘operation of barber shaps in 8) Howean theRepublicafBalauinvokeits immunity? (Bar 1996) 1b) Will such defense of State immunity prosper? (Bar 1996) tate or international plomatic immunity the foreign govern- ration ta first secure claim of sovereign oF Aiplomatic immunity. But how the Philippine Foreign ‘Office conveys its endorsement to the courts varies, fd.) 1a PUBLICIETEENATIONAL LAW MAR REVIEWER Secretary of Labar and Employment, informing latter that the respondentemployer could not by sued because it enjoyed diplomat 5 me casos, the defence of sovereign immunity ‘was submitted direetly to Uhe local courts By the ping and evalving. the sctivitie uf States have multiplied, been ‘governmental acts jure imperi) and private, and proprietary acta Gre geslionis}. The re @ Explain the process of “sugyestion™? A. In International Law, when State or international agency SPATE JURISDICTION a In the United States, the procedure fallowed is the praceas tional tl submitting a “suggestion” 7d.) Liang, aneconomist working with theAsian Development Bank (ADB) was charged before MITC with grave oral defamation. Upon receipt of an “office protacol” from the Department of Foreign Affaire (DFA) stating that Liang ls covered by immunity from legal process under Section 45 of the Agreement between the ADE and the Philippine Government regarding the Headquarters immediately and without January 28, 2000) Is a provision in a contract entered into by a foreign State with a private ‘any Tegal the proper court of Makati Cits, Philippines” tantamount fits Immunity from sult?PUBLIC INTERNATIONAL LAW ‘BAR REVIEWER ar by necossary implication, (Repullco Vinoon, GR. Nov 154703, June 28,2003) unless cancelled. Further, it provided that “any legal ‘ection arising out of this Maintenance Agreement shall ‘City of Makati. Amang the defenses they ‘sovereign immunity”. What should be the court's ruling on the said defense? (Bar 2003) ‘The defense of “sovereign immunity” must be uph A foreign State may not be sued bafore local courts without ite consent. Consent may be express or implied. Entering ‘contract with private entities does not necessarily amount to on the nature of the walves acts jure gestionis into contracts with private entities to maintain the premises STATE JURISDICTION. = farnishings ahd equipment of thejembasey and the living quarters ofits agents and off specified court ofthe Philippines is not neces sovereign immunity from suit. Submission by a to local jurisdiction must be clear and unequiv ke given expliily or by necessary implication. (Republic of - Indonesia v, Vinaor, Gt No. 154705, June 26, 2003) Im addition, Article 712) of the United Notions Convention om Jurisdictional Irumunitiee ‘provides that an “agreement by a State for the the law of another State shall not be interproted the exerts of juriedietion by the esurts of that o What are the exceptions to the Doctrine of State er of State inemunity (Art, Zs stituted the proceedings Art. 8% swith private individ fy applies tw commercial transactions betwnen States) (Art. 10) ©) Death or injury to the person, or damage to or lost of tangible property, caused by an act or omission. which is alleged to be attrzutable to the State (4 1D Right or interest of the State in movable or immovable property arising by way of succession or donation (Are oae PUBLIC INTERNATIONAL LAW “BAR REVIEWER fh) Participation in a company or other collective Whether incorporat @ May the acts of a sovereign power be impugned in the courts of another: relief considering that General Hernandez had acted fo his official capacity as » military commander and so his actions were those of the Veneruclan government? ‘A Ni shld ot be oni ny role bese othe At of State Doctrine. “Every save the independence af every Q. In 1960, the Cuban government retaliated a United States for various menwares imposed, ‘Castro government by oxpropriating Broperty held by ‘STATE JURISDICTION 195 US. citizens in Cuba. This included the seizure of agar owned by 2 company called CAV. A different American, company, FWC had. contracted to buy this sugar from CAV, but after it was scized, Umy bought it dirsetly from the Cuban government. After receiving the sugar, however, PWC did not pay the Cuban government - instead, they paid CAV's legal representative, Sabatino. ‘The Banco Nacional de Cuba (acting on behalf of the Cuban government) filed a lawsuit in the US. against of International Law. In reply, Banco Nacional argued that the courts could not look into the validity of the seizure done by the Cuban government in its territory. Decide, ‘Theacts ofthe Cuban government are actsof State that must be 2. DIPLOMATIC IMMUNITY Givesome ofthe privileges and immunities ofdiplomatic minions? Under the Vienna Convention on Diplomatic Relations, the privileges and imrnunities of diplomatic missions a) Thexight to use the flag and emblem of the sending State on the premises ofthe mission, including the (Vienna Contention on’ Diplomatic Reations [VCDRY, ‘Art. 20); 1D) The premises of the mission shall be inviolable, The agents of the receiving State may notenter them, except with the consent of the head of the mission. The premises of the mission, their furnishings and ether propertyPURLIC INTERNATIONAL LAW BAR REVIEWER ‘hereon and the means of transport ofthe mission shall be immune from search, requisition, sttachment or execution. (VCDR, Avt © Bxomption from mal, regional or municipal dues and tnxos in re whether owned or leased payment for specfe sr ° ‘couriers and messages in code ar cipher. (VCDR, Art, 27110, yondence of the mission shall be rt 272) not be opened or detained 9 What is « diplomatic bag? lomatic bag consists of p correspondence, documents and liplomatic bag; it may consist of trunks or large containers. (Roezeb, 51) ‘The Ambassador of State X to the Philippines bought in the name of his Government two houses and Iola at Forbes Park, Makati, Metra Manila, One house is used asa chancery and residence of the Ambassador, and the other as quarters for nationals of State X who are studying in Metro Manila universities. The Registry of SPATE JURISDICTION uur * Deeds refuned to registor the sale and to lasue transfer cortifienter of title In the name of State X. Ts the refusal Justified? (Bar 1983) Astothelot used asachonesry and residence ofthe Ambassador, some ather way, It shall ions in obtaining suitable the privileges and immunities of diplomatic nts? (Bar 1920, 1935, 1929, 1989, 1946) Immunity from the ex tate. VODR, Art. 3 ‘witness. (VCDR. Art 3172 ©) A diplomatic agent shal Tor the sending Sta provisions which ay be (VEDR, art. 33};PUBIC DVTRRXAMONAL LAST BAR REVIEWER 9 Bemption from all dues and tases, personal or ‘national, regional or municipal (VCDR, Ave. 34); = Brompton from all pertonal serve, fom servie of any hind whateoever. (WEDR Art ©) Brampton frm all customs duties, tazes; and related charges VDE, Ar. What is diplomatic invilabiity? ity is universally recognired as a ‘of both eustomnary and conv Publi Dremises and property rn su Interference on the part ofthe receiving State ‘oud to alford him special protection. (Hoezek, ‘Are diplomatic agents also entitled to immunity from civil and administrative jurisdiction of the recolving State » ting to succession in which the diplomatic ‘agent is involved as exeeutor, tdministrator, heir or logatee as a private person and not on behalf af the sending State; ©) 4m action relating to any professional or commercial activity exerelsed by the diplomatic agent in the receiving ‘State outaide his official fanetions, (VUDR. Art. 91/1). D, the Ambussador of the Kingdom of Nepal to the Philippines, leased house in Baguio City as his personal vacation home. On account of military disturbance jin Nepal, D did not receive his salary and allowances STATE JURISDICTION ae from his government and so he failed to pay his rentale AY Form af arrest or detention. (WCDR, ‘and immunities of the members ‘technical staff of the mission?0 PUBLICINTERNATIONA, LAW Stare zuRISDICTION ro ‘BAK REVIEW @ A group of high-ranking officials and rank-an What are the privileges and immunitis of the private employees stationed in a foreign embassy in Manila servants of members of 2 diplomatie mission ‘were arrested outside embassy grounds and detained at Camp Crame of the members Inte personal baggage of diplomatic agent meet to & customs check and inspections? of the service staff of a diplomatic mission?FUSLIC INTERNATIONAL LAW ‘BAR REVIEWER May the waiver of immunity of diplomatic agents from the jurisdiction of the receiving State be impliedly ‘Are members of the family af a diplomatic agent entitled to the privileges and immunities accarded to diplomatic ‘agents? STATE AURISDICTION 8 @. Whoare international public oficial? ‘The privileges and immunities of international officiels rest upon 3. CONSULAR IMMUNITY What are the privileges and immunities of consular officers? (Har 1920, 1925, 1928, 1939, 1946) ePUBLIC INTERNATIONALLAW BAR REVIEWER >) Gonsular officers and consular employees shall not amenable to the jurisdiction of the judicial or adaxt 1) atising out of a contract concluded by @ consular officer or a consular employee in whieh he did’ not contrset exprassly or impliedly as an agent of the sending State; or lamage arising from an accident ig State eaused by a vehicle, w sirerafl (VCCR, Art, 43), ©) Mombers ofa consular post are under na obligation to give ‘evidence concerning matters connected with the exercise of their funetion ‘expert witnesses with regard tothe law ofthe sonding State. (UCOR, Are. 44), the privileges or 4 consular officers Jurisdiction of the receiving receiving State officers, om the other hind, ‘from criminal jurisdiction [criminal tuted against a eonsule officer, he must the competent authorities, However, they shall ‘to arrest oF detention pending trial, except in rave srime and pursuant to a decision by the competent judicial aathority, (VECR, Art. 412 action rela immovable property situated in the territory STATRJURISOICHON us ‘Stmte, (6) an action relating to sueseasion in which they are involved a5 a private rson and not on behalf of the sending |. A consul of a South American country stationed in Manila was charged with serious physieal ay he claim immunity from jurisdietion of the local court? (Bar 1995) that « consul is nat entitled to the 15 of an ambascadar oF minister, but ‘except in the cage of a grav Pursuant to x decision by the competent judicial authority. ‘Suppose after he was charged, he was appointed ‘country's ainbassador to the Philippines. Can his newly. gained diplomatic status be » ground for dismissal of his criminal case? (Bar 1995) the Philippine Government receives the former Gansul es the new Ambassodor, then the pending erimiinal ence against him should be dismissed. Under Art. 31 ef the Vienna Conventian[PUBLIC INTERNATIONAL LAW ‘BAR REVIEWER ‘our, then its remedy is to deelars hh persona non grata seesccoptable, Under Art. 29 of the Vienna Convention, tt } Xm Secretary and Consul in the Aniérican Embassy in Manila, bought from B a diamond ring in the amotist F gave as.a birthday present ground that he is the Secretary and Consul of the American Embassy enjoying diplomatic immunity from eriminal prosecution in the Philippines. If you were the Judge, how would youresolve the motion to dismias? (Bar 1997) criminal jurisiiction of the receiving State, of the Vienna Convention dit Diplomatic Raa from the eriminal juriaie be en ‘The US Ambassador to the Philippines and the American Consul General also in the Philippines quarreled in the ‘Manila Hotel and shot at each other, May the Philip: pine Courts take jurisdiction over them for trial and STATE JURISDICTIQN en punishment for the crime they may have committed? (Bar 1979)8 PUBLIC RCTERNATIONAL LAW ‘BAR REVIEWER tinal prosecution wune from arrest and ing tial for crimes thst are mot considensd 2 Who may walve the privileges and immunities of consular officers and emplayees? A. The sending State may watve, wi consular past, any of the priv tothe latter. The waiver shall 2 ard to member of the nd immunities afforded be-express and shall receiving, State in wets iver of immunity from jarisdiction for the Purposes of civil or administrative proceedings be deemed to imply the waiver of immunity fron measures of execution resulting from the judicial decision? ‘No separato waiver shall be necessary forthe execution af a indisial decision. (VOCR, Art. 45/4) — 4. MAMUNITIES OF THE UNITED NATIONS AND ITS OFFICIALS SS % What are the privileges and immunities of the United =? n on the Privileges and Immunities ofthe ‘adopted by the UN. Gendval Ascembty on STATE JURISDICTION ue February 13, 946, the United Nations shall enjoy the following, privileges and immunities: Organization, its property and assets wherever Lal ad iy horse ha sa ey Samu 2 + income and other property taxes, customs duties and se ealy waved ur imi UTR Chunar proven tat the United Nation Onan privileges and immunities as are nacseeary for the fulfilment ‘ofits purposes. othe privileges and immunities of the Secretary- General nnd ather ofa of the Under Aaticle W, Section 18 of the Com sonal Imimaities of the Uh