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PIL Cruz Notes PDF
PIL Cruz Notes PDF
A colony or a dependency is part and parcel of A inchoative state- it is vested with full rights of
the parent state, through which all its external visitation, search and seizure of contraband
relations are transacted with other states. As articles on high seas, blockade and the like.
such, therefore, it has no legal standing in the INTERNATIONAL ADMINISTTATIVE BODIES
family of nations. Nevertheless, such entities
have been allowed on occasion to participate in Created by agreement among states
their own right in international undertaking and may be vested with international personality
granted practically the status of a sovereign when two conditions concur, to wit, that their
state. purposes are mainly non-political and that they
are autonomous.
MANDATES AND TRUST TERRITORIES
Examples: international labor
The system of mandates was established after organization, food and agricultural organization,
the World War I in order to avoid outright
world health organization
annexation of the underdeveloped territories
taken from the defeated powers and to place INDIVIDUALS
their administration under some forms of
Individual only as an object of
international supervision.
international law who can act only through the
Kinds of trust territories: instrumentality of his own state in matters
involving others states.
1. Those held under the mandate under
the league of nations CHAPTER 4
2. Those territories detached from the
defeated states after world war II THE UNITED NATIONS
3. Those voluntarily placed under the Delegate of fifty nations met at the San
system by the states responsible for Francisco conference from April 25, to June 26,
their administration. 1945, and prepared and unanimously approved
the charter of the United Nations. This came
BELLIGERENT COMMUNITIES
into force on October 24, 1945.
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Charter, and shall refrain from giving 3. It must accept the obligations of the
assistance to any state against which Charter
the United Nations is taking preventive 4. It must be able to carry out these
or enforcement action. obligations
6. The Organization shall ensure that 5. It must be willing to carry out these
states which are not Members of the obligations
Unites Nations act in accordance with
these Principles so far as may be ADMISSION
necessary for the maintenance of Decision of 2/3 of those present and
international peace and security. voting in the general assembly upon the
7. Nothing contained in the present recommendation of at least nine (including all
Charter shall authorize the United the permanent) members of the Security
nations to intervene in matters which Council
are essentially within the domestic
jurisdiction of any state or shall require SUSPENSION
the Members to submit such matters to
Effected by 2/3 of those present and
settlement under the present Charter;
voting in the general assembly upon favourable
but this principles shall not prejudice
recommendation of at least nine members of
the application of enforcement
the Security Council including the permanent
measure under Chapter VII
members
MEMBERSHIP
The suspension may be lifted alone by
KINDS: the Security Council, also by a qualified majority
vote.
1. Original- those states which, having
participated in the U.N conference on Suspended members will prevent it
international organization at San from participating in the meeting of the general
Francisco or having previously signed assembly or from being elected to or continuing
the declaration by U.N of January 1, to serve in the Security Council, the economic
1942, signed and ratifies the charter of and social council of the trusteeship council.
the U.N. National of the suspended members, may
2. Elective however, continue serving in the Secretariat
and the ICJ as they regarded as international
The distinction between the two is based only officials or civil servants acting for the
on the manner of their admission and does not Organization itself.
involve any difference in the enjoyment of
rights or the discharge of obligations. EXPLUSION
- Court may elect its president and vice organization and in general
pres. Who shall serve for 3 years and coordinates its vast
may be re-elected administrative machinery
- Secretary general and the members of
6. Secretariat his staff are internal officers solely
- Chief administrative organ of the U.N responsible to the Organization and are
- Headed by SECRETARY GENERAL prohibited from seeking or receiving
o Chose by the G.A upon instruction from any government or any
recommendation of the authority external to the U.N
security council
o Fixed 5 years term by resolution
of the G.A and may be re- SECONDARY ORGANS- those which have been
elected created by or in accordance with the charter
o Highest representative of the such as the military staff committee, the
U.N and is authorized to act in international law commission and the
itself commission on human rights.
o When acting in his capacity, he
is entitles to full diplomatic CHAPTER 5
immunities and privileges which
THE CONCEPT OF THE STATE
only the security council may
waive CREATION OF STATES
o The immunities and privileges
of other key official of the - By revolution
united nation may be waived by - By unification
the secretary general - By secession
o His duty is to bring to the - By assertion of independence
attention of the security council - By agreement and attainment of
may matter which in his opinion civilization
may threaten international
EXTINCTION OF STATES
peace and security
o Acts a s secretary in all the - By extinction or emigration en masse of
meetings of the G. A, the its population
security council, the economic - By loss of territory
and social council and the - By overthrow of government resulting
trusteeship council and in anarchy
performs such other functions
as may be assigned to him by PRINCIPLES OF STATE CONTINUITY
these organs.
- The state continues as juristic being
o He prepares the budget of the
notwithstanding changes in its
U.N for submission to the G.A,
circumstances, provided only that they
provides technical facilities to
be different organs of the
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do not result in loss of any of its part of the new sovereign. But non-
essential elements. political laws, such as those dealing
- This principle applied in the sapphire with familiar relations, are deemed
case where, after Emperor Louis continued unless they are changed by
napoleon filed a damage suit on behalf the new sovereign or are contrary to
of France in an American court, he was the institution of the successor state.
deposed. Nonetheless, the action was - Treaties of a political and even
not abated and could continue upon commercial nature, as well as treaties
recognition of the duly authorized of extradition, are also discontinued,
representative of the new government except those dealing with local rights
of France. and duties, such as those establishing
easement and servitudes.
SUCCESSION OF STATES - All the rights of the predecessor state
- Takes place when one state assumes are inherited by the successor state but
the rights and some of the obligations this is not so where liabilities are
of another because of certain changes concerned.
in the condition of the latter.
- May be either:
o Universal succession -when a SUCCESSION OF GOVERNMENT
state is annexed to another
- Where the government replaces
state or is totally dismembered
or merges with another state to another either peacefully or by violent
form a new state methods. In both instances, the
o Partial succession- take place integrity of the state is not affected; the
when a portion of the territory state continues as the same
of the states or is ceded to international person except only that its
another or when an lawful representative is changed.
independent state becomes a - The rights of the predecessor
protectorate or a suzerainty or government are concerned; they are
when a dependent state inherited in too by the successor
government.
acquires full sovereignty.
- Where the new government was
CONSEQUENCES OF STATE SUCCESSION organized by virtue of a constitutional
reform duly ratified in plebiscite, the
- Allegiance of the inhabitants of the obligations of the replaced government
predecessor state in the territory are completely by the former.
affected is transferred to the successor - Where the new government was
state. They are also naturalized en established through violence as by a
masse revolution, it may lawfully reject the
- Political law of the former are purely personal or political obligations
automatically abrogated and may be of the predecessor government but not
restored only by a positive act on the
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All states, big or small have an equal territories through any of the methods
right to the enjoyment of all their permitted under the law of nations.
respective attributes as members of the
family of nations. ACQUISITION AND LOSS OF TERRITORY
All members of UN have each one vote Territory may be acquired by:
in the General Assembly, all votes
having equal weight, and are generally Discovery
eligible for positions in the various Occupation
organs of the UN Subjugation
“Par in paren non habet imperium” – Prescription
even the strongest state cannot assume Cession
jurisdiction over another state, no Accretion
matter how wake etc..
Territory may be lost by:
LEGAL EQUALITY VS. FACTUAL INEQUALITY
Abandonment
Not all states have equal eligibility Dereliction
with regard to elective membership Cession
of the Security Council Revolution
5 of them must be elected from the Subjugation
African and Asian states and only 1 Prescription
can come from the Eastern Erosion
European State. Natural causes
vessel in a Mexican port did not disturb regulations within its territory or
the peace of the port.” territorial sea.
Contiguous zone ,may not, however,
WINDENHUS CASE extend more than 12 miles from the
“The murder of a Belgian by another coast of the state
Belgian on board a Belgian merchant 1982 CONVENTION ON THE LAW OD
steamer in the port of New Jersey was THE SEA –Contiguous zone also extends
of such a nature as “ to disturb 12 miles, but from the outer limits of
tranquillity and public order on shore or the territorial sea.
in the port””
THE CONTINENTAL SHELF
Our own SC has held that the English a) To the seabed and subsoil of similar
rule is applicable in this country. areas adjacent to the coasts if islands
The coastal state has the sovereign
It is the right of the coastal state to right to explore the continental shelf
enforce all its laws to the full extent in and to exploit its natural resources.
its territorial waters. It may erect on it such installations and
equipment as may be necessary.
The consensus appears to be that the One of the most effective ways of
local state has jurisdiction over the facilitating and promoting intercourse
airspace above it to an unlimited among states.
height, or at the most up to where Done through active right of receiving
outer space begins. them, states are able to deal more
directly and closely with each other in
5 AIR FREEDOMS
the improvement of the mutual
1. The freedom to fly across foreign interests.
territory without landing
AGENTS OF DIPLOMATIC INTERCOURSE
2. The freedom to land for non-traffic
purposes Diplomatic relations are normally
3. The freedom to put down traffic conducted through the head of state,
originating in the state of the aircraft the foreign secretary or minister and
4. The freedom to embark traffic destined the members of the diplomatic service.
for the state of the aircraft Head of state may also appoint special
5. The freedom to embark traffic destined diplomatic agents charged with specific
for or to put down traffic originating in ceremonial or political duties.
a 3rd state.
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Diplomatic agent shall be immune from The premises of the mission shall be
the civil, criminal and administrative inviolable. The agents of the receiving
jurisdiction of the receiving state except state may not enter them except with
in a few specified cases. the consent of the head of mission.
“The receiving state shall permit and Every person entitled to diplomatic
protect free communication on the part privileges and immunities shall enjoy
of the mission for all official purposes. them from the moment he enters the
In communicating with the government territory of the receiving state on
and other missions and consulates of proceeding to take up his post or, if
the sending state, wherever situated, already there, from the moment his
the mission may employ all appropriate appointment is notified to the foreign
means including diplomatic couriers ministry.
and messages in code or cipher.” When his functions have to come to an
end, his privileges and immunities shall
EXEMPTION FROM TESTIMONIAL DUTIES normally cease from moment he leaves
“A diplomatic agent is not obliged to the country or on expiry of a reasonable
give evidence as a witness” time in which to do so, but shall subsist
He is not prohibited by international until such time even in case of armed
law from doing so and may waive this conflict.
privilege when authorized by his In the exercise of his official functions,
government. immunity shall continue indefinitely as
The Dutch envoy to Washington it is supposed to have attached to him
invoked this right 1856 when he personally but to the state he was
rejected a request to testify in representing
connection with a homicide committed TERMINATION OF DIPLOMATIC MISSION
in his presence and for the prosecution
of which his testimony we necessary. Usual methods of terminating official
relations: death, resignation, removal,
EXEMPTIONS FROM TAXATION abolition of the office, etc. these are
Also from social security requirements governed by municipal law.
under certain conditions. The more important modes are RECALL
Personal baggage is also free from and DISMISSAL
inspection unless there are serious RECALL – May demanded by the receiving state
ground when the foreign diplomat becomes persona
THE DIPLOMATIC SUITE OR RETINUE non grata to it for any person.
Immunities and privileges are available DISMISSAL – The offending diplomat is simply
not only to the head of mission and his asked to leave the country.
family but also to the other members of The outbreak of war between the
the diplomatic retinue, albeit not in the sending and receiving states terminates
same degree. their diplomatic relations.
DURATION As for the change of the govt.,
diplomatic relations are not disturbed if
the change is peaceful but may be
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*Consuls are not charged with the duty of *also perform duties relating to navigation –
representing their states in political matters nor visiting and inspecting vessels of their own
are they accredited to the state where they are states which may be in the consular district;
supposed to discharge their functions exercising a measure of supervision over such
vessels; adjusting matters pertaining to their
*consuls do not ordinarily enjoy all the internal order and discipline
traditional diplomatic immunities and privileges
although they are to a certain extent entitled to Immunities and Privileges
special treatment under the law of nations *consuls have a right to official communication
and may correspond with their home
Kinds and Grades government or other official bodies by any
*CONSULES MISSI – professional or career means including cipher or code without being
consuls who are nationals of the appointing subjected to censorship or unreasonable
state and are required to devote their full time restraint. However, this right may be restricted
to the discharge of their consular duties whenever it is exercised to the prejudice of the
receiving state
*CONSULES ELECTI – may or may not be
nationals of the appointing state and perform *Consuls enjoy the inviolability of their archives,
their consular functions only in addition to their which may not be examined or seized by the
regular callings receiving state under any circumstance, nor
may their production or testimony concerning
Appointment them be compelled in official proceedings. But
Consuls derive their authority from two this immunity does not extend to the consular
principal sources: premises themselves, where the legal process
*LETTER PATENT / LETTRE DE may be served and arrests made without
PROVISION – commission issued by the sending violation of international law, except only in
state that part where consular work is being
*EXEQUATUR – authority given to them performed
by the receiving state to exercise their duties
therein *consular offices may even be expropriated for
8consuls are public officers not only of the purposes of national defense or public utility
sending state but of the receiving state as well
and are governed by the laws of both *criminal offenses: consuls are exempt from
*states may refuse to receive consuls and to local jurisdiction for crimes committed by them
withhold the exequatur from them without in the discharge of their official functions. Other
explanation offenses: fully subject to local law and may be
arrested, prosecuted and punished in proper
Functions proceedings
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*consuls are not prosecuted form minor 2. Treaties make possible for the parties
offenses and, when arrested, are given to modify the rules of international
adequate opportunity to secure their release on customary law by means of optional
bail at the earliest possible time principle or standards
* civil suits: instituted against consuls personal 3. They may lead to a transformation of
or private capacity but not in matters unorganized international society into
connected with their official duties one which may be organized on any
*consuls are generally exempted from taxation, chosen level of social integration
custom duties, service in the militia, and social 4. They provide the humus for the growth
security rules and are privileged to display their of international customary law
national flag and insignia in the consulate
although these concessions are considered Essential Requisites of a Valid Treaty
“non-essential” to the proper discharge of their 1. Entered into by parties with the treaty-
official duties making capacity
*these immunities and privileges are also 2. Through their authorized
available to the members of the consular post, representatives
their respective families, and the private staff. 3. Without the attendance of duress,
Waiver may in general be made by the sending fraud, mistake, or other vice of consent
state. 4. On any lawful subject-matter
5. In accordance with their respective
Termination of Consular Mission constitutional processes
*removal, resignation, death, expiration of term
* the exequatur may also be withdrawn by the Treaty-making process
receiving state, either of the appointing or NEGOTIATION, SIGNATURE, RATIFICATION, AND
receiving state may be extinguished or war may EXCHANGE OF THE INSTRUMENTS OF
break out between them. RATIFICATION
* in the event of war, the consulate is closed
and the archives are sealed and left in the NEGOTIATION – one of the parties to submit a
custody of a caretaker usually a consul from a draft of the proposed treaty which, together
neutral state. with the counter-proposals, becomes the basis
* the consul from the belligerent state is of the subsequent negotiations.
allowed to depart for his own country as soon *undertaken directly by the head of the
as possible and without unnecessary state or assigns this task to his authorized
molestation representatives
*if and when the negotiators finally decide on
CHAPTER 14 the terms of the treaty, the same is opened for
TREATIES SIGNATURE.
*signature – means of authenticating
TREATY – formal agreement, usually but not the instrument and for the purpose of
necessarily in writing, which is entered into by symbolizing the good faith of the parties; but it
states or entities possessing the treaty-making does not indicate the final consent of the state
capacity for the purpose of regulating their *the document is ordinarily signed in
mutual relations under the law of nations. accordance with the alternat, that is, each of
*an executive agreement is NOT a treaty the several negotiators is allowed to sign first
on the copy which he will bring home to his
Functions of Treaties own state
1. Treaties enable parties to settle finally
actual and potential conflicts
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RATIFICATION – formal act by which a state * a treaty engagement is not a mere moral
confirms and accepts the provisions of a treaty obligation but creates a legally binding
concluded by its representatives. obligation
*Purpose; enable the contracting states * treaties really limit of restrict the
to examine the treaty more closely and to give absoluteness of sovereignty. By their voluntary
them an opportunity to refuse to be bound by it act, nations may surrender some aspects of
should they find it inimical to their interests their state powers in exchange for greater
*EXCHANGE OF THE INSTRUMENTS OF benefits granted by or derived from a
RATIFICATION – signifies the effectivity of the convention or pact
treaty unless a different date has been agreed * the sovereignty of a state therefore cannot in
upon by the parties fact and in reality be considered absolute
* restrictions:
Binding Effect of Treaties 1. limitations imposed by the very
*A treaty is binding only on the contracting nature of membership in the family of nations
parties, including not only the original 2. limitations imposed by treaty
signatories but also other states which, stipulations
although they may not have participated in the * DOCTRINE OF REBUS SIC STANTIBUS –
negotiation of the agreement, have been constitutes an attempt to formulate a legal
allowed by the terms to sign it later by a principle which would justify non performance
process known as ACCESSION of a treaty obligation if the conditions with
*Instances when 3rd states may be validly held relation to which the parties contracted have
to the observance of or benefit from the changed so materially and so unexpectedly as
provisions of a treaty. to create a situation in which the exaction of
* treaty may be merely a formal performance would be unreasonable.
expression of customary international law *Limitations:
which is enforceable on all civilized states 1. applies only to treaties of indefinite
because of their membership in the family of duration
nations 2. the vital change must have been
* for the maintenance of international unforeseen or unforeseeable and should not
peace and security have been caused by the party invoking the
* parties to apparently unrelated doctrine
treaties may also be linked by the most- 3. the doctrine must be invoked within
favored-nation clause, under which a a reasonable time
contracting state entitled to most-favored- 4. it cannot operate retroactively upon
nation treatment from the other may claim the the provisions of the treaty already executed
benefits extended by the latter to another state prior to the change of circumstances
in a separate agreement
Treaty Interpretation
Observance of Treaties *The basic rule in the interpretation of treaties
*Fundamental rules of international law is is to give effect to the intention of the parties.
PACTA SUNT SERVANDA, which requires the This should be discoverable in the terms of the
performance in good faith of treaty obligations treaty itself
*parties must comply with their commitments *the usual canons of statutory construction are
under a treaty and cannot ignore or modify its employed in the interpretation of treaties
provisions without the consent of the other * read in the light of the whole
signatories instrument and especially for the purposes of
the treaty
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one nationality for another following a change * state is not an insurerof the life or property of
of sovereignty the alien, whe he is within its territory
* the foreigner must accept the institutions of THE INTERNATIONAL STANDARD OF JUSTICE
the local state
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* distinction must be made between direct and * if the injured foreigner has exhausted all the
inirect state responsibility local remedies but without success, he may
then avail himself of the assistance of his states
a. where the imternational delinquency
– but only if he has a state. Otherwise, he will
was committed by superior government have no party to represent him, and he by
officials or organs, liability will attach himself, being a mere individual, cannot
immediately as their acts may not be effectively
institute his claim in his own name.
prevented or reversed under the constitution
and laws of the state * any injury to an alien is a violation not of his
own personal rght but of the right of his state to
b. where the offense is committed by hacve its nationals protected but of the right of
inferior government officials or, more so, by his state to have its nationals protected
private individuals, the state will be held liable whenever they are in a foreign country
only if, by reason of its indifferencein
preventing or pushing it, it can be considered to * where the injured alien is stateless, his case
have conived in effect in its commission will be one of DANNUM ABSQUE INJURIA and
cannot be subject of diplomatic protection
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* tie of nationality – required to exist from the * the state may also avoid liability to aliens by
time of the injury until the time the refusing their admission, but this is not
international claim is finally settled. Once the regarded as sound policy since it would provoke
tie is broken, the claim itselfis deemed retaliation in kind and ultimately isolate its
automatically abated. If, the injured national nationals from the rest of the international
dies while the claim is under consideration and community
it should happen that his hers are not nationals
of the claimant state, the claim will lapse * DEPORTATION: the removal of an
alien out of the country, simply because his
ENFORCEMENT OF CLAIM presence is deemed inconsistent with the public
welfare and without any punishment being
* an international claim for damages may be imposed or contemplated, either under the
resolved through negotiation or, if this fails, any laws of the country out of which he is sent, or
of the other methods of settling disputes
under those of the country to which he is taken
* in the event that the responsibility of the
* EXCLUSION: denial of entry to an alien
state is established or acknowledged, the duty
to make reaparation will arise. Such reparation DEPORTATION EXTRADITION
may take the form of RESTITUTION or
SATISFACTION or COMPENSATION. Unilateral act if the Effected at the
local state request of the state of
AVOIDANCE OF STATE RESPONSIBILITY origin
* to avoid the intervention of the alien's state in Based on causes Based on offenses
contracts, the local state sometimes arising in the local generally committed
incorporates therein what is known as the state in the state of origin
CALVO CLAUSE
Undesirable alien may Calls for the return of
* Calvo Clause – stipulation by which be deported to a state the fugitive to the
the alien waives or restricts his right to appeal other than his own or state of origin
to his own state in connection with any claim the state of origin
arising from the contract and agrees to limit
himself to the remedies available under the
laws of the local state.
Basis of Extradition
* calvo clause may be enforced as a
* The extradition of a person is required only if
lawful condition of the contract. However, may
there is a treaty between the state of refuge
not be interpreted to deprive the alien's state of
and the state of origin
the right to protect or vindicate his interests in
case they are injured in another state as such * in the absence of a treaty – local state has
waiver can legally be made not by him but by every right to grant asylum to the fugitive and
his own state to refuse to deliver him back to the latter state
even if he is a national
EXCLUSION OF ALIENS
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CHAPTER 17
4. political and religious offenders are generally * SITUATION – initial stage of a dispute
not subject to extradition
* Dispute is LEGAL – involves a justiciable rights
5. in the absence of a special agreement, the based on law or fact susceptible of adjudication
offense must have been committed within the by a judicial or arbitral tribunal.
territory or against the interests of the
demanding state * Dispute is POLITICAL – if it cannot be decided
by legal processes on the basis of the
6. Rule of double criminality - the act for which substantive rules of international law because
the extradition is sought must be punishable in the differences of the parties spring from
both the requesting and requested states animosities in their mutual attitudes rather than
from an antagonism of legal rights
Procedure of Extradition
* the solution to such a disputes lies not in the
* if the surrender of a fugitive is sought, a councils of the courts but in the corridors of
request for his extradition is presented through
diplomacy
diplomatic channels to the state of refuge
Methods of settling disputes
* this request will be accompanied by the
necessary papers relative to the identity of the * disputes are required to be settled,
wanted person and the crime he is alleged to conformably to one of the basic principle of the
have committed or of which he has already UN, “by peaceful means in such a manner that
been convicted international peace and security, and justice are
not endangered
* upon receipt of request, the state of refuge
will conduct a judicial investigation to ascertain Amicable Methods
if the crime is covered by the extradition treaty
and if there is a prima facie case against the 1. Negotiation – generally the first step taken in
the settlement of an international dispute is the
fugitive according to its own laws
discussion undertaken by the parties
themselves of their respective claims and
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4. Mediation – third party does not merely * the jurisdiction of the court is not compulsory
provide the opportunity for the antagonists to but dependent on the agreement of the parties
negotiate but also actively participates in their to submit to and be bound by its decisions. Such
discussions in order to reconcile their conflicting consent may be manifested in a treaty
claims and appease their feelings of resentment containing what is called the “compromissary
clause”
5. Conciliation – active participation of a third
party in the attempt of the disputants to settle 8. ACTION BY REGIONAL ORGANIZATIONS –
their conflict, and the recommendations made resorted to by the parties at their own volition
by it are likewise not binding. or taken by the body itself at its own instance if
allowed by agreement of the members
6. Arbitration – solution of a dispute by an
impartial third party, usually a tribunal created Hostile Methods
by the parties themselves under a charter
1. INTERVENTION
known as the COMPROMIS
2. RETORSIONS – retaliation where the acts
7. Judicial Settlement – the nature of its
complained of do not constitute a legal ground
proceedings and the binding character of the
of offense but are rather in the nature of
decisions but also in the fact that the disputes
unfriendly acts but indirectly hurtful to other
submitted for adjudication are legal rather than
states
political
3. REPRISALS – act of self-help on the part of
the injured state, responding after an
ARBITRATION JUDICIAL unsatisfied demand to act contrary to
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international law on the part of the offending The Security Council may recommend
state appropriate measures or methods of
adjustment, taking into consideration:
*they aim to impose on the offending
state reparation for the offense or the return to a. Any amicable measures already
legality in avoidance of new offenses adopted by the parties
b. That legal disputes should as a rule
*Common forms of reprisals be referred to the International
Court of Justice
1. display of force *Where the terms of settlement are rejected by
the parties, the Security Council is empowered
2. occupation of territory
to take more drastic steps
3. pacific blockade
a. PREVENTIVE ACTION – it may adopt
such measures not involving the use of armed
force
The United Nations
b. ENFORCEMENT ACTION
* United nations may be asked or may decide
on its own authority to take a hand in its CHAPTER 18
settlement.
WAR
* the security council shall have the jurisdiction
*WAR – armed contention between the public
to intervene in;
forces of states or other belligerent
a. all disputes affecting international communities, implying the employment of
peace and security violence among the parties as a means of
enforcing their respective demands upon each
b. all disputes which, have been other
submitted to it by the parties for settlement
* War may exist even without the use of force
* such disputes may be brought to it by:
e. any party to the dispute, provided 1. exercise of the inherent right of self-
that in the case of non-members of the UN, defense
they should accept in advance, for the purposes
of the dispute, the obligations of pacific 2. enforcement action
settlement under the Charter
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established and can be effectively exercised. It * the army of occupation can only take
is not necessary that every square foot of the possession of cash, funds and realizable
territory in question be actually occupied securities which are strictly the property of the
state, depots of arms, means of transport,
* Belligerent occupation does not result in stores and supplies, and generally movable
transfer or suspension of the sovereignty of the property belonging to the state which may be
legitimate government although it may at the used for military operations
moment be unable to exercise it. The
belligerent occupant cannot perform such acts *the occupying state shall be regarded only as
as declaring the independence of the occupied administrator and usufructuary of public
territory or requiring its inhabitants to renounce buildings, real estate, forest, agricultural estates
their allegiance to the lawful government belonging to the hostile state and situated in
the occupied territory
* the belligerent is required to restore and
ensure public order and safety while respecting,
unless absolutely prevented, the laws in force in
the country. Postliminium
* the belligerent occupant may promulgate new * persons or things taken by the enemy are
laws, non-political as well as political, provided restored to the former state on coming actually
they do not contravene the general accepted into the power of the nation to which they
principles of international law. The political laws belong
are automatically abrogated upon the end of * JUS POSTLIMINIUM – reinstatement of the
the occupation but the non-political laws may authority of the displaced government once
continue even beyond the occupation unless control of the enemy is lost over the territory
they are expressly repealed or modified by the affected
legitimate government
* upon the end of a belligerent occupation, the
* it is permitted for the belligerent occupant to laws of the re-established government are
introduce military currency, provided the revived and all acts taken by the belligerent
purpose is not to debase the country’s economy occupant which it could not legally do under the
* private property cannot be confiscated, but law of nations, as well as lawful acts of a
those susceptible of military use may be seized, political complexion, are invalidated
subject to restoration or compensation when
peace is made
Non-Hostile Intercourse
* the property of municipalities and of
institutions dedicated to religion, charity and FLAG OF TRUCE – white flag carried by an
education, and the arts and sciences, even individual authorized by one belligerent to
when state owned, shall be treated as private enter into communication with the other
property and their destruction is expressly
forbidden
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vanquished belligerent is the guilty party in the * intended to operate in time of peace
dispute that caused the hostilities. as well as in time of war
* treaty of peace imposed by the victor upon *Only states may become neutral but portions
the defeated state is regarded as a punishment of states may be neutralized
as is sustained on the ground although marked
by the vice of duress that normally would
invalidate other agreements Laws of Neutrality
*nationals of the vanquished state may be a. Relations of the belligerent states with
protected and punished as war criminals and the neutral state
for other violations of international law. They b. Relations of the belligerent states with
may not escape responsibility on the ground the nationals of the neutral state
that they were merely acting on orders of their
state
Relations of belligerent States and Neutral
States
* neutral state may give refuge to troops from * neutral state may not send military
the belligerent forces contingents, extend loans or even sell for
valuable consideration, supplies of war to either
* escaped prisoners of war need not be or both of the belligerents
detained by the neutral state but must be
assigned a place of residence if they are allowed * neutral state is not obliged to prevent the
to remain export from or transit through its territory of
war supplies purchased from private traders by
*warships may not enter neutral ports, the belligerents in the ordinary course of
roadsteads and harbours except only in cases of commerce, it is required to take reasonable
unseaworthiness. The usual duration of the diligence in preventing the delivery of vessels
sojourn is 24 hours but this may be shortened constructed and armed in its territory for use by
or extended, depending on the reason for the any of the belligerents
entry. Thus, the vessel must leave as soon as it
has been re-provisioned Relations of Belligerent States with Nationals
of Neutral states
*General rule: repairs in their territory of
damage sustained by a warship in battle – * neutral states enact legislation to avoid their
permitted so long as they are not intended to involvement in foreign wars as a results of the
increase the fighting force of the vessel. acts of their nationals
*not more than 3 vessels from any belligerent * neutral states are free to allow their nationals
shall be allowed simultaneously in the same to deal, in their private capacity, with any of the
neutral port or waters belligerents
* territorial waters of a neutral state must * international law considers the relationship as
never be used as asylum for belligerent vessels strictly between the individual and the
under pursuit or attack by the enemy belligerent states and whatever hardships may
be suffered by its nationals as a result thereof
* passage of military aircraft belonging to the must, as a rule, be acquiesced in by the neutral
belligerents is not allowed across the airspace state
of a neutral state.
visit and search, or if there is reasonable by the belligerent forces are also liable to
suspicion that they are liable to confiscation seizure
* the cargo of these vessels may also be * contraband are subject to condemnation
captured under certain conditions, as when
they are contraband * DOCTRINE OF INFECTION – if they are shipped
together with innocent goods belonging to the
*Prize is not confiscated summarily but must be same owner; the latter may also be confiscated
brought to a prize court for adjudication
* contraband are liable to capture from the
*PRIZE COURT – is a tribunal time they leave the port in which they are
established by a belligerent under its own laws, loaded and until they reach their final hostile
and applies rules of international law in the destination
absence of special municipal legislation.
* DOCTRINE OF ULTIMATE DESTINATION –
Contraband liability of the contraband to capture is
determined not by their ostensible but by their
* contraband – term applied to goods which, real destination
although neutral property, may be seized by a
belligerent because they are useful for war and * even if the vessel intends to stop at an
are bound for a hostile destination intermediate neutral port, it will still be
considered as in one continuous voyage
* ABSOLUTE CONTRABAND – necessarily useful provided it can be shown that its cargo will
for war under all circumstances ultimately be delivered to a hostile destination
* subject to seizure so long as they are * DOCTRINE OF CONTINUOUS VOYAGE – when
bound for enemy or enemy-held territory the goods are reloaded at the intermediate port
* CONDITIONAL CONTRABAND – both civilian on the same vessel
and military purposes * DOCTRINE OF CONTINUOUS TRANSPORT –
*may be seized only when it can be when they are reloaded on another vessel or
shown that they are destined for the armed other form of transportation
forces or the authorities of the belligerent
Blockade
government
*Blockade – hostile operation by means of
* FREE LIST – includes goods useful for war and
which the vessels and aircraft of one belligerent
bound for the belligerents but exempted from prevent all other vessels, including those of
the law on contraband for humanitarian neutral states, from entering or leaving the
reasons ports or coasts of other belligerent, the purpose
* DOCTRINE OF ULTIMATE CONSUMPTION – being to shut off the place from international
goods intended for civilian use which may commerce and communication with other
ultimately find their way to and be consumed states
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*Pacific blockade – applies only to the vessels of with a view to the transmission of information
blockaded state and does not affect the vessels in the interest of the enemy; OR
of other states
2. if with the knowledge of the owner, or the
*Requisites of blockade: one who charters the entire vessel, it is
transporting military detachment of enemy or
a. binding – duly communicated to the neutral one or more persons who, during the voyage,
states lend direct assistance to the operations of the
b. effective – it is maintained by adequate force enemy
so as to make ingress to or egress from the port * a neutral vessel is also liable to condemnation
dangerous and to be treated as a merchant vessel of the
c. established by the proper authorities of the enemy:
belligerent government
1. takes a direct part in the hostilities
d. limited only to the territory of the enemy and 2. if it is under the orders or control of an agent
not extended to neutral places or international placed on board by the enemy government
rivers
3. chartered entirely by the enemy government
e. impartially applied to all states alike
4. if it is at the same time and exclusively either
* the liability of a neutral vessel to capture for devoted to the transport if enemy troops or the
breach of blockade is contingent on its
transmission of information
knowledge, actual or presumptive of the
blockade and continues as long as it is pursued
by the ships of the blockading force after it has
left or tried to enter the blockaded port Angary