1. Is international law- law?

International Law is a Law. The characteristics of a Law are: it is a set of rule; it regulates the human
conduct; it is created and maintained by the state; it has certain amount of stability, fixity and
uniformity; it is backed by coercive authority; its violation leads to punishment; it is the expression
of the will of the people and is generally written down to give it definiteness; it is related to the
concept of 'sovereignty' which is the most important element of state.

The challenges of international law as a law are that there exists no international legislative body.
There is the General Assembly of the United Nations but its resolutions are generally not binding on
anybody. There is no international executive. Neither is there a central authority that can make
judgments binding on states. Enforcement of international law is a real problem for several reasons.
Frequently, there is no assured procedure of identifying violation. Even the powers of the UN have
reference largely to lawbreaking that takes the form of an act of aggression or threat to peace. But
there are many violations of international law which are not of this nature. Most of the time, all the
UN can do is reprimand.

However, these challenges do not prove that International Law is not a law. The fact that there is
no overall authority to force compliance with the rules does not necessarily mean that there is no
law. Law still exists though it may be practiced and enforced in different ways. International law can
therefore be called “real law,” but with different characteristics from the law practiced in domestic
settings, where there is a legislature, judiciary, executive, and police force.

2. What are the bases of International law?

The bases of International Law are the Command Theory, Consensual Theory, and Natural Law
Theory.

Under the Command Theory, law consists of commands originating from a sovereign and backed up
by threats of sanction if disobeyed. In this view, international law is not law because it does not
come from a command of a sovereign.

Under the Consensual Theory, international law derives its binding force from the consent of states.
Treaties are an expression of consent.

And under the Natural Law Theory, law is derived by reason from the nature of man International
law is said to be an application of natural reason to the nature of the state-person.

3. What is meant by “jus cogens”?

Jus cogens is a principle of international law that is based on values taken to be fundamental to the
international community and that cannot be set aside. Most states and authors agree that jus
 cogens exists in international law. Opinions diverge however as to its exact content, sources, means
of identification, and application, as well as to its precise effects and role within the international
legal order. Despite persistent debates on these matters, jus cogens is now referred to in several
legal instruments within and beyond the law of treaties. The 1969 and 1986 Vienna Conventions on
the Law of Treaties stipulate that a treaty is void if it conflicts with jus cogens.

4. What is meant by “erga omnes”?

Erga omnes means "towards all" or "towards everyone". In legal terminology, erga

omnes rights or obligations are owed toward all. For instance, a property right is an erga
omnes entitlement, and therefore enforceable against anybody infringing that right.

In international law, it has been used as a legal term describing obligations owed by states towards
the community of states as a whole. An erga omnes obligation exists because of the universal and
undeniable interest in the perpetuation of critical rights.

5. What is meant by “opinion juris”?

Opinio Juris means an opinion of law or necessity.

In international law, opinio juris is the subjective element used to judge whether the practice of a
state is due to a belief that it is legally obliged to do a particular act. When opinio juris exists and is
consistent with nearly all state practice, customary international law emerges. Opinio juris
essentially means that states must act in compliance with the norm not merely out of convenience,
habit, coincidence, or political expediency, but rather out of a sense of legal obligation.

6. What are the sources of International Law?

The sources of International Law are Customary Law, Treaties, General principles of law recognized
by civilized nations, Judicial Decisions, Teachings of highly qualified writers and Publicists, Equity,
and Other supplementary evidence.

Custom or customary international law means a general and consistent practice of states followed
by them from a sense of legal obligation.

Treaties are importance source of International Law. Treaties are international agreement
concluded between States in written form and governed by international law, whether embodied in
a single instrument or in two or more related instruments and whatever its particular designation.

General principles of law recognized by civilized nations refer to the general principles that are
recognized or common to the world’s major legal systems.
 Judicial Decisions are applied as subsidiary means for the determination of the rules of law.

Equity has been occasionally used by the Permanent Court of Justice as a source of law.

7. Distinguish “soft law” from “hard law”?

Soft law is used to denote agreements, principles and declarations that are not legally binding. Soft
law instruments are predominantly found in the international sphere. Hard law refers generally to
legal obligations that are binding on the parties involved and which can be legally enforced before a
court.

8. How do we distinguish Private international law from public international law?

Public international law refers to all the legal rules governing international relations between public
entities such as States and international organizations. While Private international law encompasses
all the rules of law conditioning international relations between private persons. It includes business
law, labor law, civil law between agents of different countries, but also conflicts of law and
jurisdiction. It is constituted by all the principles, usages or conventions that govern the legal
relations established between persons governed by the laws of different states.

9. Is there collective responsibility for a breach of international law?

There is collective responsibility for a breach of international law. Under international law, legal
consequences can be divided between the state and individual persons for violating international
laws. A state may be held responsible for violating an obligation. An individual person may be held
responsible for committing international crimes.

10. What is the extent of a State’s freedom of action?

A state has the capacity to provide for its own well-being and development free from the
domination of other states, providing it does not impair or violate their legitimate rights.
Restrictions upon a state’s liberty arising either from customary law or from treaties do not deprive
a state of independence.

11. Distinguish between the Monist and Dualist theorist of International law.

Monists accept that the internal and international legal systems form a unity. Both national legal
rules and international rules that a state has accepted, for example by way of a treaty, determine
whether actions are legal or illegal. While Dualist highlight the difference between national and
international law, and require the translation of the latter into the former.

12. Distinguish between the doctrine of incorporation and the doctrine of transformation.
 The doctrine of transformation requires that an international law be transformed into a domestic
law through a constitutional mechanism such as local legislation. While doctrine of incorporation
applies when, by mere constitutional declaration, international law is deemed to have the force of
domestic law.

13. In case of conflict between municipal law international law, which should prevail?
If there is an irreconcilable conflict between municipal law and international law, the municipal law
should be upheld by the domestic courts because such courts are organs of municipal law and are
bound by it in all circumstances.

What are the Calvo and Drago doctrines?

The Calvo Doctrine is a policy that guides or regulates the jurisdiction of governments in
international disputes and treaties. The Calvo Clause is a body of rules that guide the
interrelation of governments in treaties, and how governments protect their home state in
times of disputes. The Calvo Doctrine or Calvo Clause prohibits the use of force in
collection of debts and holds that the country in which an investment is located holds the
jurisdiction in settling the dispute.

Drago Doctrine, a principle of international law that rejects the right of a country to use
military force against another country to collect debts. The doctrine was first enunciated on
29 December 1902 by Luis María Drago, Argentina's minister of foreign affairs, in a letter to
the Argentine minister in Washington, D.C., in response to the naval blockade imposed on
Venezuela by Germany, Great Britain, and Italy for the purpose of collecting debts incurred
by the Venezuelan government with nationals of those countries.

Although based on the Calvo Doctrine, the Drago Doctrine goes further by rejecting the right
of intervention and specifying that economic claims give no legal right to intervene militarily
in another country. The Calvo Doctrine says, in essence, that investors have to accept the
jurisdiction of the host country's laws and should not appeal to their own governments in
case of any conflict in the enforcement of a contract. The Drago Doctrine stipulates that a
nation, although it is legally bound to pay its debts, cannot be forced to do so.

What is the Doctrine of Sovereign Equality of States?

Sovereign equality is the concept in which every sovereign state possesses the same legal
rights as any other sovereign state in international law. International law is based on the
concept of state and the state in its turn lies upon the foundation of sovereignty, which
expresses internally the supremacy of the governmental institutions and externally the
supremacy of the state as a legal person.[2] It follows that sovereignty itself is founded upon
the concept of territory and without territory a legal person cannot be a state, since there
has not been an exclusive exercise of power over the territory.

What is the Doctrine of Non-Intervention?

In international law, the principle of non-intervention includes, but is not limited to, the
prohibition of the threat or use of force against the territorial integrity or political
independence of any state (Article 2.4 of the Charter). The principle of non-intervention in
the internal affairs of States also signifies that a State should not otherwise intervene in a
dictatorial way in the internal affairs of other States.

What is the Principle of Self-Determination of People?

Self-determination denotes the legal right of people to decide their own destiny in

the international order.  Self-determination is a core principle of international law,
arising from customary international law, but also recognized as a general principle
of law, and enshrined in a number of international treaties.  For instance, self-
determination is protected in the United Nations Charter and the International
Covenant on Civil and Political Rights as a right of “all peoples.” 

PART II

What are elements of a State?

“The state as a person of international law should possess the following qualifications: (a) a permanent
population; (b) a defined territory; (c) government; (d) the capacity to enter into relations with other
States.”

Is Recognition an element of a State?

As a general rule, newly-created states are recognised as such by other states provided
their creation is considered legitimate and irreversible. According to the prevailing
doctrine of three elements of statehood, recognition requires state territory, a state
people and a public authority. However, there is no obligation under international law
for one state to recognise another, even where these criteria are met. Conditions for
recognition may also vary from state to state.

What are the theories on Recognition of a State?

There are two theories on this. First, the declaratory theory, is that recognition is merely “declaratory”
of the existence of the state and that its being a state depends upon its possession of the required
elements and not upon recognition. A recognizing state merely accepts an already existing situation. The
weight of authority favors the “declaratory view.” Second, the constitutive theory, is that recognition
“constitutes” a state, that is, it is what makes a state a state and confers legal personality on the entity.
In effect, this merely emphasizes the point that states are under no obligation to enter into bilateral
relations. But then states may decide to recognize an entity as a state even if it does not have all the
elements of a state found in the Montevideo Convention.

Distinguish the following doctrines: Tobar/Wilson, Stimson, and Estrada.

a) Tobar or Wilson Principle

The Tobar or Wilson was expressed in a treaty of the Central American Republics in
1907 at the suggestion of Foreign Minister Tobar of Ecuador and reiterated in 1931
by President Woodrow Wilson of the United States. It states that the recognition of
states shall not be extended to any government established by recognition, civil
war, coup d’etat or other forms of internal violence until the freely elected
representatives of the people have organized a constitutional government.

b) Stimson Doctrine

The Stimson Doctrine is a policy of the United States federal government,

enunciated in a note of January 7, 1932 to Japan and China, of non-recognition of
international territorial changes affected by force.

Named after Henry L. Stimson, United States Secretary of State in the Hoover
Administration (1929–1933), the policy followed Japan's unilateral seizure of
Manchuria in northeastern China following action by Japanese soldiers at Mukden
(now Shenyang), on September 18, 1931.

The principles of this doctrine were also used in the U.S. Under Secretary of State
Sumner Welles's declaration of July 23, 1940, on the non-recognition policy of the
Soviet annexation and incorporation of three Baltic countries — Estonia, Latvia, and
Lithuania. These principles were still applied until the de facto restoration of
independence of these three Baltic nations in August 1991.

c) Estrada Doctrine

A recognition of states approach, also known as the Estrada doctrine, is a

development on the earlier recognition of governments approach whereby a
government would recognize another governments. This caused political problems
following an unconstitutional change in the government of another state.

It is the policy of recognizing states rather than governments. It is an alternative to

the method of express recognition, in which an express statement is made
according or withholding recognition after each unconstitutional change of
government, and tacit recognition in which, only under exceptional circumstances,
is a recognition statement made.

Distinguish de jure from de facto recognition.

De-facto recognition.
       It is extended where a govt. has not acquired sufficient stability. It is provisional
(temporary or conditional0 recognition. It is not legal recognition. However, it is
recognition in principle. Three conditions for giving de-facto recognition. (i) permanence
(ii) the govt. commands popular support (iii) the govt. fulfills international obligations.

De-Jure Recognition.
     It is legal recognition. It means that the govt. recognized formally fulfills the
requirement laid down by International law. De-jure recognition is complete and full and
normal relations can be maintained.
       De-facto recognition of a state is a step towards de-jure recognition. Normally the
existing states extend de-facto recognition to the new states or govts. It is after a long
lapse of time when they find that there is stability in it that they grant de-jure
recognition. Such practice is common among the states. The essential feaure of de-facto
recognition is that it is provisional and liable to be withdrawn.

Is the Holy See a State?

The Holy See is to be conceived of as a sui generis non-State international legal person which borrows its
personality from its ‘spiritual sovereignty’ as the center of the Catholic Church, one of the world’s major
religious organizations. The Holy See enjoys rights under international law that few, if any, non-State
actors (excluding intergovernmental organizations) enjoy. It has joined various intergovernmental
organizations, it is a party to a substantial number of bilateral and multilateral treaties, it sends and
receives diplomatic representatives, is said to enjoy immunity from jurisdiction, and has been granted
permanent observer status at the United Nations that has come with rights that are normally reserved
to (non-member) States only. Still, it is notable that in some jurisdictions, domestic courts have
attempted to restrict these rights: some concordats have been reviewed in light of constitutional
protections, and some immunity claims have been rejected.

What is the Principle of Succession of States/Government?

State succession itself may be briefly defined as the replacement of one state by another in the
responsibility for the international relations of territory.

What is Belligerency?

Belligerency, the condition of being in fact engaged in war. A nation is deemed a

belligerent even when resorting to war in order to withstand or punish an aggressor.
A declaration of war is not necessary to create a state of belligerency.

What is the “Uti Possidetis” Doctrine?

Is a general principle, which is logically connected with the phenomenon of the obtaining of independence, wherever it occurs. It's
obvious purpose is to prevent the independence and stability of new States being endangered by fratricidal struggles provoked by
the challenging of frontiers following the withdrawal of the administering power…Its purpose, at the time of the achievement of
independence by the former Spanish colonies of America, was to scotch any designs which non-American colonizing powers might
have on regions which had been assigned by the former metropolitan State to one division or another, but which were still
uninhabited or unexplored.
27. What is Doctrine of Sovereign Immunity?

Sovereign immunity is a judicial doctrine that prevents the government or its political
subdivisions, departments, and agencies from being sued without its consent.

28. What is the “Act of State of Doctrine”?

It is a principle which states that every sovereign state is bound to respect the independence of
every other sovereign state, and the courts ill not sit in judgment of another government’s acts or act of
any sovereign national done within its own territory.

Part 3

29. Distinguish between Treaty and a Executive Agreement?

Treaties are formal documents which require ratification with the approval of two thirds of the
Senate. Executive agreements become binding through executive action without the need of a vote by
the Senate or by Congress.

30. What is meant by a peremptory norm?

A peremptory norm also called as jus cogens is a fundamental principle of international law that
is accepted by the international community of states as a norm from which no derogation is permitted.

31. How is a treaty made?

The usual steps in the treaty making process are: negotiation, signature, ratification, and
exchange of instruments of ratification.

32. What are the essential requisites of valid treaty?

The essential requisites are:

a. Treat-making capacity

b. Competence of the representative/organ concluding the treaty- Generally, the

 Head of State exercises the treaty-making power. In the Philippines, it is the President
who exercises the power, subject to concurrence by 2/3 of all the members of the
Senate.

c. Parties must freely give consent- The consent of the State may be expressed

by signature, exchange of instruments constituting a treaty, ratification, acceptance,

approval or accession, or by other means manifesting consent.

d. Licit- Object and and subject matter must be lawful within the commerce of

nations and in conformity with the international law.

33. What is the effect of a reservation?

Art. 21 Legal effects of reservation and objections to reservatoion.

1. A reservation established with regard to another party in accordance with Articles 19, 20, and
23;

a) modifies for the reserving State in its relations with that other party the provisions of
the treaty to which the reservation relates to the extent of the reservation; and

b) modifies those provisions to the same extent for that other party in its relations with
the reserving state.

2. The reservation does not modify the provisions of the treaty for the other parties to the
treaty inter se.

3. When a state objecting to a reservation has not opposed the entry into force of the treaty
between itself and the reserving State, the provisions to which reservation relates do not apply as
between the two States to the extent of the reservation.

34. What is a Protocol de Cloture?

A final act, is a an instrument which records the winding up of the proceedings of a diplomatic
conference and usually includes a reproduction of the texts of treaties, conventions, recommendations,
and other acts agreed upon and signed by the plenipotentiaries attending the conference. It is not the
treaty itself, it is rather the summary of the proceedings of protracted conference which may have taken
place over several years.

35. When does a treaty take effect?

 The President may form and negotiate, but the treaty must be advised and consented to by a
two-thirds vote in the Senate. Only after the Senate approves the treaty can the President ratify it. Once
it is ratified, it becomes binding on all the state under the Supremacy Clause.

36. When may non-signatories be bound by a treaty?

As a rule, treaties cannot impose obligations upon States not parties to them. Pacta tertiis
nocent necprosunt. However, through the process of accession or adhesion, States not originally parties
to the agreement may become bound.

37. What is the effect of non-ratification of a treaty?

The President is vested with the authority to deal with foreign States and governments, extend
or withhold recognition, maintain diplomatic relations, enter into treaties and otherwise transact the
business of foreign relations. Thus, the President has the discretion , even after signing the treaty by the
Philippine representative, whether or not to ratify the same.

38. What is the Principle of Effectiveness in the interpretation of treaties?

Under article 31 of the VCLT, a treaty shall be interpreted in good faith, in accordance with the
ordinary meaning given to the terms of the treaty in their context and in the light of its objects and
purposes. To be considered in the interpretation are its text, preamble, annexes, as well as other
agreements relating to the treaty and subsequent agreements entered into by the contracting parties.
Where there is uncertainty, reference may also be made to the intent of the parties as seen in official
transcripts and other documents.

1. Retroactive effect. Following Article 28 of the VCLT, a treaty shall have no retroactive effect except
when provided.

2. Law at Time of Interpretation. The law prevailing at the time when the treaty is being interpreted shall
prevail.

39. What is meant by the Principle of Pacta Sunt Servanda?

The latin for "every treaty in force is binding upon the parties to it and must be performed by
them in good faith." This entitles states to require that obligations be respected and to rely upon the
obligations being respected. This good faith basis of treaties implies that a party to the treaty cannot
invoke provisions of its municipal (domestic) law as justification for a failure to perform. However, with
regards to the Vienna Convention and the UNIDROIT Principles it should be kept in mind that these are
heavily influenced by civil law jurisdictions. To derive from these sources that pacta sunt servanda
includes the principle of good faith is therefore incorrect.

The only limit to pacta sunt servanda are the peremptory norms of general international law, called jus
cogens (compelling law). The legal principle clausula rebus sic stantibus, part of customary international
law, also allows for treaty obligations to be unfulfilled due to a compelling change in circumstances.

40What is meant by the Principle of Rebus Sic Stantibus?

It is a principle in customary international law providing that where there has been a
fundamental change of circumstances since an agreement was concluded, a party to that agreement may
withdraw from or terminate it.

What is the effect of a breach of a treaty?

Article 60 of VCLT
A material breach of a multilateral treaty by one of the parties entitles:
a. the other parties by unanimous agreement to suspend the operation of the treaty in whole or in part or
to terminate it either:
(i) in the relations between themselves and the defaulting State; or
(ii) as between all the parties;
b. ) a party specially affected by the breach to invoke it as a ground for suspending the operation of
the treaty in whole or in part in the relations between itself and the defaulting State;
(c) any party other than the defaulting State to invoke the breach as a ground for suspending the
operation of the treaty in whole or in part with respect to itself if the treaty is of such a character that
a material breach of its provisions by one party radically changes the position of every party with
respect to the further performance of its obligations under the treaty.

What are the grounds for invalidating a treaty?

Error- a) the error must relate to a fact or situation which was assumed by the State to exist at the time
when the treaty was concluded;
b) the error must have formed an essential basis for a party’s consent to be bound by the treaty;
c) the claiming party must not have contributed by its own
Fraud, Corruption of a representative of a state, coercion of a representative of a state, coercion of a
state by the threat or use of force, and treaties conflicting with a peremptory norm of a general
international law jus cogens()

How are treaties terminated?

Material Breach - Material breach refers to:
① a repudiation of the treaty not sanction by the VCLT; or
② the violation of a provision essential to the accomplishment of the object or purpose of the
treaty
Supervening Impossibility of Performance- This ground may be invoked when “an object
indispensable for the execution of the treaty” has permanently disappeared or been destroyed.
Rebus Sic Stantibus - This ground may be invoked when:
① there is an objective change of circumstance;
 ② the change was unforeseeable;
③ the existence of the circumstance constituted an essential basis of the consent of the parties;
• the change must relate to a fact existing at the time the obligations were assumed and which proved to
be a decisive factor prompting the party to assume such obligations.
④ the effect of the change is radically to transform the extent of the obligations still to be performed.
• the change must have increased the burden of the obligations to be executed rendering the performance
of something essentially different from that originally undertaken

PART IV

What are the modes of acquiring territory?

 Discovery and Occupation
.

What does discovery and occupation mean as a mode of acquiring territory?

Occupation is the acquisition of terra nullius, that is, territory which prior to occupation belonged to no
state or which may have been abandoned by a prior occupant. There is abandonment when the occupant
leaves the territory with the intention of not returning
What is the Doctrine of Effective Occupation?
State must exercise a degree of governmental function to the exclusion of other states which means there
should be some form of administration in the discovered territory.

What is the legal basis of the Philippine’s claim over the Kalayaan Islands?

 Discovery and occupation by Tomas Kloma sometime in 1953. While the Spratlys Island had been
previously occupied by other states notably China and Japan, there is an argument that after Japan lost in
the WWII in the Pacific, they were forced to abandon their hold over the Island and that was the time that
Tomas Kloma discovered the Spratlys Islands and we effectively occupied it by making the Kalayaan
Islands P art of the Municipal territory of Palawan. Spratlys became terra nullius after Japan abandoned
the Island.

 Continental Shelf Regime and Extended Continental Shelf Regime. We have learned that a continental
shelf of a coastal state can reach up to 200 nautical miles where the slope of that shelf drops earlier or
before reaching 200 miles, that is the regular continental shelf. And where the slope of that shelf extends
farther than 200 nautical miles which is the EEZ, then it can reach as far as 350 nautical miles or 100
nautical miles from the isobath of 2500 meters.

What is the Archipelago Doctrine?

This means that all the islands of the archipelago will be considered as pertaining to one and single unit. And so as
an application of this doctrine, we declared in Article I of the 1987 Constitution:
“…all the waters around between, the connecting the islands of the archipelago, regardless of their
breadth and dimensions, from part of the internal waters of the Philippines.”
What is the Thalweg Doctrine?

when the boundary between two states is a navigable river, its location is the middle of the channel of navigation

Distinguish the Territorial Sea from the High Seas.

Everything from the baseline to a limit not exceeding twelve miles is considered the State’s territorial sea
while high seas comes after the EEZ is now termed as the High Seas.
 What is the Doctrine of Innocent Passage?
Territorial Sea, Article 19 UNCLOS
1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such
passage shall take place in conformity with this Convention and with other rules of international law.

52. What are the Five Freedom in a State’s Aerial Domian?

PIL #53-65

53. What are the five freedom in a state's aerial domain?

1. The theory of the Institute of International Law of 1906 that the air should be absolutely free for
purposes of aerial navigation by aviators of all countries.

2. The so-called zone theory, that though the air is free the subjacent State should have a certain right of
control up to a certain height.

3. The theory of freedom of the air coupled with an acknowledgment of the right of the subjacent State
to control it to an indefinite height for purposes of its own protection.

4. The theory of absolute sovereignty on a parity with that recognized as to the land domain.

5. The theory of absolute sovereignty qualified by the right of innocent passage.

54. What is the principle of state continuity?

The doctrine by which a state’s identity as an international legal person persists notwithstanding
unconstitutional or even violent changes in its government. As a result, a state generally continues to
owe and accrue international legal obligations notwithstanding such changes.

55. What is recognition of states?

To recognize a community as a State is to declare that it fulfills the conditions of statehood as required
by international law. If these conditions are present, existing States are under the duty to grant
recognition. In the absence of an international organ competent to ascertain and authoritatively to
declare the presence of requirements of full international personality, States already established fulfill
that function in their capacity as organs of international law. In thus acting they administer the law of
nations.
56. What are the effects of recognition of the states?

Recognition merely emphasizes the point that states are under no obligation to enter into bilateral
relations. But then states may decide to recognize an entity as a state even if it does not have all the
elements of a state found in the Montevideo Convention. It appears to be a matter of political discretion
by recent practice.

57. What are the theories on recognition of the states?

There are two views on this, the declaratory theory, recognition is merely declaratory of the existence of
the state and that it's being a state depends upon its possession of the required elements and not upon
recognition itself. And the constitutive theory, recognition constitutes a state, recognition itself what
makes a state a state and confers legal personality on the entity.

58. Distinguish recognition of the states from recognition of government.

Recognition of the states is to recognize a community as a state following the required elements while
recognition of government means the act of acknowledging the capacity of an entity to exercise powers
of government of a state.

59. What is the Tobar or Wilson doctrine?

Precludes recognition of government by revolution, civil war, coup d'etat or other forms of internal
violence until freely elected representative of the people have organized a constitutional government.

60. What is the Estrada doctrine?

Dealing or not dealing with the government established through a political upheaval is not a judgment
on the legitimacy of the said government.

61. What is Belligerency?

Is a term used in international law to indicate the status of two or more entities, generally sovereign
states, being engaged in war.

62. What are the requisite in recognizing belligerency?

1) There should exist within the state a status of armed conflict

2) The insurgents must administer and occupy a major portion of national territory

3) The hostilities must be conducted in accordance with the rules of war and through organized armed
forces acting under a responsible authority.

4) There must exist certain circumstances which make it necessary for outside states to define their
attitude by means of recognition of belligerency.

63. Distinguish insurgency from belligerency.

Insurgency is a rebellion against authority (for example, an authority recognized as such by the United
Nations) when those taking part in the rebellion are not recognized as belligerents. Its nature usually
claims against the incumbent regime while belligerency indicates the status of two or more entities,
generally sovereign states, being engaged in war. Once the status pf belligerency is established between
two or more states, their relations are determined and governed by the laws of war.

64. Distinguish extradition from deportation.

Deportation is the process of arresting and expelling a foreign national (usually but not always back to
the country of origin) for violations of our nation's immigration laws, whereas extradition is the process
of handing over an individual regardless of citizenship, to another country seeking to prosecute that
individual for crimes under that nation's law.

65. May a state refuse to grant a request for extradition?

Yes, human rights recognized by international and regional agreements and treaties may be the basis for
denying extradition requests. Cases where extradition is denied should be treated as independent
exceptions and will only occur in exceptional circumstances.