NOTES ON PUBLIC INTERNATIONAL LAW

NOTES ON PUBLIC INTERNATIONAL LAW
From the Books of Bernas and Duka
International law 2. Material Sources – sometimes referred to

- it is a body of rules and principles of as "evidence" of international law. These are
action which are binding upon sources that tare not concerned with how
civilized states in their relations to rules come into existence but rather with the
one another. substance and content of the obligation.
- The law which deals with the conduct
of states and of international Some examples are: UN Resolutions,
organizations and with their relation treaties, writings of jurists and judicial
inter se, as well as with some of their decisions in so far as they identify what the
relations with persons, whether obligations are.
natural or juridical. (Restatement
(Third) of Foreign Relations Law of Sources of International Law:
the United States)
1. Custom – A general and consistent
Theories of International Law practice of states followed by them
1. Command Theory from a sense of legal obligation.
- Law consists of commands
originating from a command 2. Treaties – An international
of a sovereign. (John Austin) agreement concluded between
- International Law is not a law States in written form and governed
because it does not come by international law, whether
from a command of a embodied in a single instrument of in
sovereign. two or more related instruments and
2. Consensual Theory whatever its particular designation.
- Under this theory,
International law derives its 3. Generally recognized principles of
binding force from the law – Refers to principles of
consent of states. municipal law common to the legal
3. Natural Law Theory systems of the world. These are
- Posits that law is derived by supplementary rules of international
reason from the nature of law that may be found in judicial
man. decisions and teachings of the most
- States also that International highly qualified publicists of various
Law is said to be an nations.
application of natural reason
to the nature of the state- 4. Judicial decisions – Decisions of
person. the court as subsidiary means for the
determination of the rules of law.
Classification of Sources of International
Law: 5. Teachings of highly qualified and
1. Formal Sources – refers to various recognized and publicists –
processes by which rules come into Writings of "publicists" or institutions
existence, such as legislation, treaty-making, which write on international law, such
judicial decisions and state practices. as the International Law
Commission.
University of Mindanao- College of Legal Education 1

Public International Law Class Second Semester SY 2018-2019
Davao City
Law of Treaties. They are also called "non-
6. Equity – It is a mandate given to a treaty agreements."
judge to exercise discretion in order
to achieve a determination that is Hard Law – Legally binding laws and
more equitable and fair. instruments under international law, such as
treaties.
7. Other international agreements –
Agreements that are considered as TREATIES
generally merely recommendatory
but if supported by all the states, they Treaty
are an expression of opinio juris - An international agreement concluded
communis. (Restatement of Foreign between states in written form and governed
Relations Law of the United States) by international law whether embodied in a
single instrument or in two or more related
Customary Law – A general and consistent instruments
practice of states followed by them from a
sense of legal obligation. Requisites of a Valid Treaty
a. Entered into by parties having treaty
Opinio Juris Sive Necessitates – The belief making capacity
that a certain form of behavior is obligatory. b. Through their authorized organs or
representatives
Instant Custom – Comes about a c. Without attendance of duress, fraud,
spontaneous activity of a great number of mistake or other vices of consent
states supporting a specific line of action. d. Lawful subject matter and object
e. Ratification in accordance with their
Martens Clause – A paragraph found in the respective constitutional processes
1899 Hague Peace Convention that
suggests that even without practice or usus Functions of Treaties
or at lease without consistent practice, there a. Sources of international law
can emerge a principle of law based on laws b. Charter of international organizations
of humanity and the dictates of public c. Used to transfer territory, regulate
conscience. commercial relations, settle disputes, protect
human rights, guarantee investments
Different Kinds of Equity
Associative Relationship
1. Intra Legem (within the law) – The - concept implies powers that go beyond
law is adapted to the facts of the anything ever granted by the Constitution to
case. any local or regional government. It also
2. Praeter Legem (beyond the law) – It implies the recognition of the associated
is used to fill gaps within the law. entity as a state. The Constitution,
3. Contra Legem (against the law) – A however, does not contemplate any state in
refusal to apply the law which is seen this jurisdiction other than the Philippine
as unjust. State, much less does it provide for a
transitory status that aims to prepare any
Soft Law vs. Hard Law part of Philippine territory for
independence. (Province of North
Soft Law – International agreements not Cotabato v. the Government of the
concluded as treaties and therefore not Republic of the Philippines Peace Panel on
covered by the Vienna Convention on the

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Ancestral Domain (GRP), GR No. 183591, - If a treaty, at the same time of its
October 14, 2008) conclusion, conflicts with jus cogens it is void
-rule which has the status of a peremptory
Steps in treaty making process (NSPER) norm of international law
1. Negotiation Elements:
- Discussion of the provisions of the 1. a norm accepted and recognized by the
proposed treaty, undertaken by the international community of States as a whole
representatives of the contracting parties 2. as a norm from which no derogation is
who are provided with credentials known permitted
as full powers of PLENIS POUVIORS 3. it can only be modified by a subsequent
norm having the same character
2. Signature
2. Pacta Sunt Servanda – Every treaty in
- Primarily intended as a means of force is binding upon the parties to it and
authenticating the instrument and must be performed by them in good faith.
symbolizing the good faith of the - This applies despite hardships on the
contracting parties. contracting State such as conflicts between
the treaty and its Constitution
3. Ratification - Act by which the state
formally accepts the provisions of the treaty 3. Rebus Sic Stantibus - legal principle
concluded by its representatives. which would justify non-performance of
treaty obligations where an unforeseen or
4. Exchange of instruments of ratification substantial changes occur which would
render one of the parties thereto unable to
5. Registration with the UN undertake treaty obligations as stipulated
therein
Concordat – A treaty or agreement between
ecclesiastical and civil powers to regulate the 4. Most Favored Nation Clause– pledge
relations between the church and the state in made by a contracting party to a treaty to
those matters which, in some respect, are grant other party treatment not less than
under the jurisdiction of both favourable than that which had been given or
may be granted to the most favoured among
Protocol De Cloture parties
- A Final Act
- An instrument which records the winding up
of the proceedings of a diplomatic TERMINATION OF TREATIES
conference and usually includes a 1. Expiration of term
reproduction of the texts of treaties, 2. Accomplishment of purpose
conventions, recommendations and other 3. Impossibility of performance
acts agreed upon and signed by the 4. Loss of subject matter
plenipotentiaries attending the conference. 5. Extinction of one parties; if treaty is
- It is not a treaty itself, hence does not bilateral
require the concurrence of the Senate 6. Novation
- Adopted without ratification 7. Occurrence of vital change of
circumstance
Doctrines applicable in Treaties: 8. Outbreak of war
1. Jus Cogens– States cannot deviate from
their agreement

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9. Voidance of treaty because of:
a. Defect in constitution This caused the petition to: (a) declare
b. Violation of its provision by one that respondents committed grave abuse of
discretion amounting to lack or excess of
party
discretion in refusing to espouse their claims for
c. Incompatibility with International
the crimes against humanity and war crimes
law committed against them; and (b) compel the
10. Application of the doctrine of the Rebus respondents to espouse their claims for official
Sic Stantibus apology and other forms of reparations against
11. The doctrine of Jus Cogens (or the Japan before the International Court of Justice
emergence of a new preemptory norm of (ICJ) and other international tribunals.
general
international law which renders void any The executive secretary maintained that
existing treaty conflicting with such norm) all claims of the Philippines relative to the war
were dealt with in the San Francisco Peace
Treaty of 1951 and the Reparations Agreement of
CLEAN SLATE RULE - newly independent
1956.
state is not bound to maintain in force or to
become a party to any treaty by reason only ISSUE: WON the executive department
of the fact that at the date of the succession committed grave abuse of discretion in not
of states, the treaty was in force in respect of espousing petitioner’s claims for official apology
the territory to which the succession of state and other forms of reparation against Japan.
relates
HELD: (The Supreme Court presented its ruling in
MOVING TREATY RULE / MOVING different perspectives)
BOUNDARIES RULE - when part of the
territory of a state becomes territory of In the Perspective of Domestic Law: NO.
another state, the international agreements The executive department has the exclusive
of the predecessor state cease to have effect prerogative to determine whether to espouse
in respect of the territory petitioner’s claim against Japan. A political
question was involved in this case as it involves
questions of foreign relations. The Constitution
VINUYA V. EXECUTIVE SECRETARY
confers to the executive and legislative, the
April 28, 2010
FACTS: The petitioners are members of Malaya political department of government, the conduct
Lolas, an organization established for the of foreign relations of our government and the
purpose of providing aid to the victims of rape propriety of what may be done in the exercise of
by Japanese military forces in the Philippines this political power is not subject to judicial
during World War II. inquiry or decision.
- Petitioners claim that since 1998, they have
approached the Executive Department through However, as an exception, the courts
the DOJ, DFA, and OSG, requesting assistance
certainly possess the authority to construe or
in filing a claim against the Japanese officials
and military officers who ordered the invalidate treaties and executive agreements.
establishment of the “comfort women” stations
in the Philippines. But officials of the Executive In this case, the executive department
Department declined to assist the petitioners, has already decided that it is the best interest of
and took the position that the individual claims the country to waive all claims of its nationals for
of the comfort women for compensation had reparations in the Treaty of Peace of 1951. The
already been fully satisfied by Japan’s president is deemed to have the better
compliance with the Peace Treaty between the opportunity of knowing the conditions which
Philippines and Japan.
prevail in foreign countries.
In the Perspective of Municipal Law:

Certiorari is without merit. As a general principle,
Public International Law Class Second Semester SY 2018-2019 where such an extraordinary lenth of time has
Davao City lapsed between the treaty’s conclusion and our
consideration, the executive must be given
DUALISM V. MONISM Association of the Philippines v. Duque,
G.R. No. 173034, October 9, 2007).
-
Monists believe that international law and - The transformation theory is applied in
domestic law are part of a single legal the Philippines through treaty-making
order; international law is automatically power of the President. Through this
incorporated into each nation's legal power, rules and principles embodied in
system and that international law is a treaty in force would be transformed
supreme over domestic law. Monism into Philippine Law and shall become
requires that domestic courts "give effect valid and effective upon the
to international law, notwithstanding concurrence of 2/3 of all members of
inconsistent domestic law, even the Senate.
constitutional law of a constitutional
character."
-
Dualists, however, contend that THE STATE
international law and domestic law are
distinct, each nation ascertaining for itself Aerial domain refers to the air space above
when and to what extent international law the land and waters of the state.
is incorporated into its legal system, and
that the status of international law in the Baseline is the low-water line along the
domestic system is determined by coast as marked on large scale charts
domestic law. Under this view, "when officially recognized by the coastal State.
municipal law provides that international
law applies in whole or in part within our Bays is part of internal water with a well-
jurisdiction, it is but an exercise of the marked indentation whose penetration is in
authority of municipal law, an adoption or such proportion to the width of its mouth as
transformation of the rules of international to contain land-locked waters and constitute
law. more than a mere curvature of the coast.
Belligerency is defined in International Law

THE DOCTRINE OF INCORPORATION as the status of parties legally at war. It is
- T h e doctrine of incorporation means derived from the Latin bellum genere
that the rules of international law are a meaning to wage war.
part of the law of the land and no
legislative action is required to make them Cabotage is the right of each contracting
applicable to a country. State to refuse permission to the aircraft of
- The Philippines follows his doctrine, other contracting States to take on in its
because Section 2, Article II of the territory passengers, mail and cargo carried
Constitution states that the Philippines for remuneration or hire and destined for
adopt the generally accepted principles of another point within its territory. It shall
international law as part of the law of the undertake not to enter into any arrangements
land. which specifically grant any such privilege on
an exclusive basis to any other State or an
THE DOCTRINE OF TRANSFORMATION airline of any other State, and not to obtain
- The doctrine of transformation on the any such exclusive privilege from any other
other hand requires that an international State.
law principle be transformed into
domestic law through a constitutional Citizenship is the status of a person
mechanism, such as local legislation. recognized under the custom or law of a
(Pharmaceutical and Health Care state that bestows on that person the rights

Davao City
and privileges of membership in a political
community. Exclusive Economic Zone or “Patrimonial
Sea” is an area extending not more than 200
Constitutive Theory refers to the theory nautical miles beyond the baseline where the
which provides that recognition “constitute” a Coastal state has rights over the economic
state. It is what makes a state a state and sources of the sea, seabed and subsoil, but
confers legal personality on the entity. States the right does not affect the right of
may decide to recognize an entity as a state navigation and overflight of other states
even if it does not have all the elements as a
state. External Self-determination is the right of
the people to determine their own political
Contiguous Zone is an area of water not status and to be free from alien domination,
exceeding 24 nautical miles from the including formation of their own independent
baseline. state.
External Sovereignty refers to the power of
Continental (Archipelagic) Shelf refers to the State to be free from foreign control. This
the seabed and subsoil of the submarine is also called independence.
areas adjacent to the coastal state but
outside the territorial sea, to a depth of 200 French Rule is a principle where the flag
meters or, beyond that limit, to where the State shall have jurisdiction over all offenses
depth allows exploitation or the seabed and committed on board the vessel except those
subsoil of areas adjacent to islands. which compromise the peace of the port.
Declaratory View is a theory which provides Government refers to the organization,

that recognition is merely “declaratory” of the machinery, or agency through which a
existence of the state. It being a state political unit exercises authority and performs
depends upon its possession of the functions and which is usually classified
required elements and not upon recognition. according to the distribution of power within
it.
Deep Seabed are areas of the seabed and
ocean floor, and their subsoil, which lie Gulf is an "enclosed or semi-enclosed sea"
beyond any national jurisdiction. These are surrounded by two or more States and
the common heritage of mankind and may connected to another sea or the ocean by a
not be appropriated by any state or person. narrow outlet or consisting entirely or
primarily of the territorial seas and exclusive
De facto recognition is a recognition of economic zones of two or more coastal
government extended by the recognizing States.
state which believes that some of the
requirements for recognition are absent. High Seas are all parts of the sea that are
not included in the territorial sea or in the
De jure recognition is a recognition of internal waters of a state. It is either res
government extended to a government nullius or res communes.
fulfilling the requirements for recognition.
Historic Bays are bays which are treated by
English Rule refers to the principle where the costal state as internal waters on the
the coastal State shall have jurisdiction over basis of historic rights acknowledge by other
all offenses committed on board the vessel states
except those which do not compromise the
peace of the port

Davao City
Internal Self-determination is the right of right of the State flown over to require
the people of a state to govern themselves landing. This kind of flight is subject to the
without an outside interference. observance of the terms of International Civil
Aviation Organization Convention. However,
Internal Sovereignty refers to the supreme each contracting State nevertheless
power of the State to enforce its laws within reserves the right, for reasons of safety of
its territorial jurisdiction. flight, to require aircraft desiring to proceed
over regions which are inaccessible or
Internal Waters refer to all waters landwards without adequate air navigation facilities to
from the baseline of the territory follow prescribed routes, or to obtain special
permission for such flights.
International Tribunal on the Laws of the
Sea is a tribunal composed by twenty one Normal baseline is one drawn following the
(21) independent members, duly elected by low-water line along the coast as marked on
secret ballot by the States Parties to the large scale charts officially recognized by the
Convention. The jurisdiction of the Tribunal coastal State. This line follows the curvatures
comprises all disputes and all applications of the coast and therefore would normally not
submitted to it in accordance with the consist of straight lines
Convention. It adjudicates on disputes
relating to the interpretation and application Outer space is a space beyond the earth’s
of UNCLOS. atmosphere. It is res communes and belongs
Islands are naturally formed area of land, to all mankind. It is also outside the
surrounded by water, which is above water at commerce of man and cannot be the object
high tide . of any mode of acquisition.
Recognition of Belligerency is a formal
Maritime domain refers to the navigable acknowledgment by the third party of the
waters of the state like sea, lake, rivers and existence of a state of war between the
the likes. While fluvial term is used in central government and the portion of that
geography and Earth science to refer to the state.
processes associated with rivers and
streams and the deposits and landforms Recognition of Government refers to act of
created by them. The state’s fluvial domain acknowledging the capacity of an entity to
includes internal waters, territorial sea, sea exercise powers of government of a state.
bed, Exclusive Economic Zone, insular
shelves and submarine areas. Recognition of States refers the act of
acknowledging the capacity of an entity
Nationality is a membership in a political to exercise rights belonging to statehood.
community with corresponding rights and
obligations. In exchange for the protection Right of Innocent Passage is a passage
that the national gets from the state, he is that is not prejudicial to the peace, good
required to obey its laws. order or security of the coastal state. This
right applies to ships, aircrafts, and
Non-scheduled flights are those flights submarines where the coastal states have
where aircraft are not engaged in scheduled the unilateral right to verify the innocent
international air services, but shall have the character of passage, and it may take the
right to make flights into or in transit non-stop necessary steps to prevent passage that it
across its territory and to make stops for non- determines to be not innocent.
traffic purposes without the necessity of
obtaining prior permission, and subject to the

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Scheduled flights are those international air costs or avoiding over the
service operated over or into the territory of a government commercial vessel
contracting State with special permission or regulations,” which is registered
other authorization of that State, and in however, it might under its flag and
accordance with the terms of such very well be simply owned by the
permission or authorization. to take advantage nationals of such
of a country’s state.
Sovereignty is the supreme power of the infrastructure such
State to enforce its will on its members within as a world-wide
its jurisdiction and to have freedom from network of
external control. consulates, fast
service, etc.
State is defined as a community of persons
more or less numerous, permanently
occupying a definite portion of territory, Doctrines:
independent of external control and
possessing an organized government to 1. Archipelagic Doctrine refers to the
which the great body of inhabitants render doctrine which states that the baseline
habitual obedience. from which the inland and territorial sea of
an archipelago is to be determined
Straight baseline is one drawn connecting consists of the straight lines joining
selected points on the coast without appropriate points of the outermost
appreciable departure from the general islands or edge of the archipelago.
shape of the coast 2. Doctrine of Effective Occupation refers
to the doctrine by which the nationals of
Strait is a narrow passageways connecting the discovering state, in its name or by its
two bodies of water. If the distance between authority must first take possession of the
the two opposite coasts is not more than six territory. Thereafter, they must establish
miles, they are considered internal waters. thereon an organization or government
capable of making laws and commanding
Terrestrial Domain refers to the land mass, respect for them.
which may be integrated or dismembered, or 3. Estrada Doctrine is a policy of never
partly bound by water of consists of on whole issuing any declaration giving recognition
island. This is derived from Latin terrestris to governments and of accepting
(from terra) which means earth. whatever government is in effective
control without raising the issue of
Territorial Sea is a belt of sea outwards from recognition.
the baseline and up to 12 nautical miles 4. Equidistance rule is a legal concept in a
beyond. maritime boundary which claims that a
nation’s maritime boundaries should
Flag of Flag state conform to a median line that is
Convenience equidistant to the shores of neighboring
nations. This rule does not apply where
entails that a ship is refers to that historic title or other special
registered in a authority under circumstances require a different
foreign country “for which a country measurement.
purposes of exercises
reducing operating regulatory control

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5. Grotius Doctrine is a doctrine which 3. The freedom to put down traffic
speaks of immemorial prescription originating in the state of the aircraft;
beyond memory.
6. Jus postlimini is a principle in public 4. The freedom to embark traffic
international law which provides the destined for the state of the aircraft;
invalidity of all illegitimate acts that an and
occupant may have performed on a given 5. The freedom to embark traffic
territory after its recapture by legitimate destined for, or to put down traffic
sovereign. coming from a third state.
7. Middle of the Bridge Doctrine refers to
the doctrine where there is a bridge over 2.) What are the principles laid down in
a boundary river and the boundary line is the Space Treaty?
the middle or center of the bridge. The Outer Space Treaty provides the
8. Principle of State Continuity refers to basic framework on International Space Law,
the principle by which the State including the following principles:
continuous as a juridical person 1. The exploration and use of outer
regardless of the changes in its space shall be carried out for the
circumstances provided they do not result benefit and interests of all countries
to the loss of any of its essential elements. and shall be the province of all
9. Stimson Doctrine is the policy of non- mankind;
recognition of states created as a result of
2. Outer space shall be free for
aggression.
exploration and use by all States;
10. Thalweg Doctrine is a doctrine
where a boundary line is laid on the 3. Outer space is not subject to national
middle of the main navigable channel for appropriation by claim of sovereignty,
boundary rivers without any agreement by means of use or occupation, or by
between the riparian states. any other means;
11. Wilson Doctrine states that
recognition cannot be extended to any 4. States shall not place nuclear
government coming into existence by weapons or other weapons of mass
revolutionary means unless the people destruction in orbit or on celestial
freely elected their representatives via a bodies or station them in outer space
constitutional process. in any other manner;
Relevant Questions with Corresponding 5. The Moon and other celestial bodies
Answers: shall be used exclusively for peaceful
purposes;
1.) What are the “Five Air Freedoms” 6. Astronauts shall be regarded as the
under the International Civil Aviation envoys of mankind;
Organization Convention?
Although there is no right of innocent 7. States shall be responsible for
passage in air space, the following are national space activities whether
recognized: carried out by governmental or non-
1. The freedom to fly across foreign governmental entities;
territory without landing;
8. States shall be liable for damage
2. The freedom to land for non-traffic caused by their space objects; and
purposes;

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9. States shall avoid harmful a few privileged individuals known as
contamination of space and celestial aristocrats.
bodies.
3. Oligarchy is a form of aristocracy but
3.) What must be provided by the the basis of leadership is the wealth
launching state to the UN according to the of the rulers, meaning only the rich
Registration Convention? can have the reigns of the
The Registration Convention government.
provides that the launching State should
furnish to the United Nations, as soon as 4. Democracy – is a government in
practicable, the following information which the political power is exercised
concerning each space object: by a majority of the people. This form
1. Name of launching State; is classified into two kinds namely:
direct and representative democracy.
2. An appropriate designator of the Direct or pure democracy is one in
space object or its registration which the will of the State is
number; formulated or expressed directly
through the people in a mass meeting
3. Date and territory or location of or assembly. Representative or
launch; republican democracy is a
4. Basic orbital parameters; and government in which the will of the
State is formulated through a
5. General function of the space object. relatively small and select body of
persons chosen by the people to act
4.) What are the kinds of Archipelago?
as their representatives.
The following are the kinds of
archipelago, to wit: 5. Unitary is a government in which the
1. Coastal archipelago which is control of national and local affairs is
situated close to a mainland and may exercised by the national
be considered a part thereof; and government.
2. Mid-ocean archipelago which is 6. Federal is one in which the power of
situated in the ocean at such distance the government is divided between
from the coasts of firm land. two agencies, one for national affairs
and the other for local affairs, each
5.) What are the different forms of
organ being supreme within its own
government?
jurisdiction.
1. Monarchy is one in which the
supreme authority is in the hands of a 7. Parliamentary is a government in
single person. It is classified into which the state confers upon the
absolute and limited monarchy. legislature the power to terminate the
Absolute monarchy or tenure of the executive.
“autocracy” is one in which the ruler
rules by divine right. Limited 8. Presidential is a government where
monarchy is one in which the ruler the executive is independent of the
governs in accordance with a legislative as to tenure, policies and
constitution. acts.
2. Aristocracy is a government in 9. De Jure is a form of government

which political power is exercised by where its administration may or may
not have the support of the people but

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it is founded on existing constitutional 4. Sovereignty
laws of the state.
10. De Facto is the form of government 9.) What are the modes of acquiring land
founded not on existing constitutional territory?
laws of the state but it has the support Territories can be acquired:
of the majority of the people. 1. By Discovery and Occupation;
6.) What are the areas that are considered 2. By Prescription;
part of internal waters?
a) Rivers; 3. By Subjugation;
b) Bays or Historic bays; 4. By Cession;
c) Gulfs; and 5. By Conquest; or
d) Straits 6. By Accretion.
10.) What are the modes of the loss of
7.) What are the six freedoms in the High territory?
Seas? Territories may be lost through:
The following are the freedoms in the 1. Abandonment or Dereliction;
High Seas, to wit: 2. Cession;
a. Freedom of navigation;
3. Subjugation;
b. Freedom to overflight which
can be exercised by both 4. Prescription;
civilian and military aircraft;
5. Revolution; or
c. Fishing which includes the
6. Natural Causes.
duty to cooperate in taking
measures to ensure the 11.) What is the effect of change in
conservation and sovereignty?
management of the living a) As to political laws. These laws are
resources of the high seas; suspended subject to the revival
under the principle of jus postlimini
d. Freedom to lay submarine
upon the end of occupation. This
cables and pipelines;
applies only to civilians and not to
e. Freedom to construct artificial members of the armed of forces,
islands and structures; and except laws on treason, because
treason is a breach of allegiance to
f. Freedom to conduct scientific the sovereign.
research
b) As to Non-political laws. These
8.) What are the elements of the State? laws are not affected since non-
The following are the elements of the political laws are laws intended to
State, to wit: govern the relations of individuals.
1. People;
c) As to judicial decisions. These
2. Territory; matters are considered valid during
3. Government; and the occupation and even beyond it,
except those with political

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complexion, which are automatically d. Over the Contiguous Zone. As indicated
annulled upon the restoration of above, under the UN Convention on the
legitimate authority. Law of the Sea, the coastal State may
exercise the control necessary to prevent
12.) What are the rights of Coastal States infringement of its customs, fiscal,
over maritime territory? immigration and sanitary regulations, and
a. Over internal waters. The same punish the said infringement.
jurisdiction as over the land area, since
the internal waters are deemed e. Over the Exclusive Economic Zone.
assimilated in the land mass. In the case Under the UN Convention on the Law of
of foreign merchant vessels docked in a the Sea, the coastal State has sovereign
local port or bay, the coastal State rights over the exclusive economic zone
exercises jurisdiction in civil matters, but for purposes of exploring and exploiting,
criminal jurisdiction is determined conserving and managing the natural
according to the: resources, whether living or non-living, of
the sea-bed, the sub-soil and the
i) English Rule: The coastal superjacent waters, as well as the
State shall have jurisdiction production of energy from the water,
over all offenses committed currents and winds. Other States shall
on board the vessel except have the freedom of navigation and over-
those which do not flight, to lay submarine cables and pipes,
compromise the peace of and other lawful uses.
the port [applicable in the
Philippines; see U.S. v. Look f. Over the Continental Shelf. The coastal
Chaw, 18 Phil 573; People v. State enjoys the right of exploitation of oil
Wong Cheng, 46 Phil 729]; deposits and other resources in the
or continental shelf. In case the continental
shelf extends to the shores of another
ii) French Rule: flag State State, or is shared with another State, the
shall have jurisdiction over boundary shall be determined in
all offenses committed on accordance with equitable principles.
board the vessel except
those which compromise the g. Over the High Seas. Jurisdiction may be
peace of the port. exercised by the State on the high seas
over the following:
b. Over Archipelagic Waters. Same rule as
in internal waters, save for innocent i) Its vessels. The flag State has
passage of merchant vessels through jurisdiction over its public vessels
archipelagic sea lanes. wherever they are, and over its
merchant vessels on the high
c. Over the Territorial Sea. Criminal seas. See The Lotus Case, World
jurisdiction over foreign merchant vessels Ct. Rep. 20. However, because of
shall be determined by the application of the “flags of convenience”
either the English Rule or the French controversy, the UN Convention
Rule. Innocent passage and involuntary on the Law of the Sea concedes
entrance are recognized exceptions, that a vessel shall have the
provided that in case of involuntary nationality of the flag it flies,
entrance, the distress on the vessel must provided there is a genuine link
be real. between the State (whose flag is
flown) and the vessel, i.e., the

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State must effectively exercise lawful, the pursuit must have
jurisdiction and control in begun before the offending vessel
administrative, technical and has left the territorial waters or the
social matters over the ship. contiguous zone of the coastal
State; the pursuit must be
ii) Pirates. Pirates are enemies of all continuous and unabated; and it
mankind; they may be captured on ceases as soon as the ship being
the open seas by the vessels of pursued enters the territorial sea
any State, to whose territory they of its own, or of a third, State. This
may be brought for trial and right may be exercised with
punishment. respect to violations committed in
iii) Those engaged in illicit traffic in the exclusive economic zone or on
drugs and slave trade. All States the continental shelf installations.
shall cooperate in the suppression 13.) What are exempted from the State’s
of illicit traffic in narcotics and territorial jurisdiction?
slave trade. Of late, the same rule The following are exempt from the
should apply with respect to territorial jurisdiction of the state:
terrorists. Likewise, all States shall a) Foreign states, head of states,
cooperate in the suppression of diplomatic representatives and
unauthorized broadcasting from consuls to a certain degree;
the high seas, except in case of
distress calls. b) Foreign state property, including
embassies, consulates and public
iv) In the exercise of the right to visit vessels engaged in non-commercial
and search. Under the laws of activities;
neutrality, the public vessels or
aircraft of a belligerent State may c) Acts of state;
visit and search any neutral
merchant vessel on the open seas
and capture it if found to be
engaged in activities favorable to
the other belligerent.
v) Under the doctrine of hot pursuit. If
an offense is committed by a
foreign merchant vessel within the
territorial waters of the coastal
State (or if the coastal State has
good reason to believe that such
an offense had been committed),
the said State’s vessels (warships,
military aircraft, other ships
cleared and identifiable as being in
government service and
authorized to that effect) may
pursue the offending vessel into
the open seas and, upon capture,
bring it back to its territory for
punishment. However, to be

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d) Foreign merchant vessels exercising
the rights of innocent passage; Ruling: No. The Court finds R.A. 9522
constitutional. It is a Statutory Tool to Demarcate
e) Foreign armies passing through or
the Country’s Maritime Zones and Continental
stationed in its territories with its Shelf Under UNCLOS III, not to Delineate
permission; Philippine Territory. It is a vital step in safeguarding
the country’s maritime zones. It also allows an
f) Such other persons or property,
internationally-recognized delimitation of the
including organizations like the
breadth of the Philippine’s maritime zones and
United Nations, over which it may by continental shelf.
agreement, waive jurisdiction.
Additionally, The Court finds that the conversion of
RELEVANT CASES:
internal waters into archipelagic waters will not risk
MAGALONA VS ERMITA the Philippines as affirmed in the Article 49 of the
(G.R. No. 187167, August 16, 2011) UNCLOS III, an archipelagic State has sovereign
Facts: power that extends to the waters enclosed by the
- In March 2009, R.A. 9522 was enacted by the archipelagic baselines, regardless of their depth or
Congress to comply with the terms of the United distance from the coast. It is further stated that the
Nations Convention on the Law of the Sea regime of archipelagic sea lanes passage will not
(UNCLOS III), which the Philippines ratified on affect the status of its archipelagic waters or the
February 27, 1984. exercise of sovereignty over waters and air space,
- Professor Merlin Magallona et al questioned the bed and subsoil and the resources therein.
validity of RA 9522 as they contend, among
others, that the law decreased the national The Court further stressed that the baseline laws
territory of the Philippines. Some of their are mere mechanisms for the UNCLOS III to
particular arguments are as follows: precisely describe the delimitations. It serves as a
1. RA 9522 reduces Philippine maritime territory, notice to the international family of states and it is
and logically, the reach of the Philippine state’s in no way affecting or producing any effect like
sovereign power, in violation of Article 1 of the enlargement or diminution of territories.
1987 Constitution, embodying the terms of the
Treaty of Paris and ancillary treaties. REPUBLIC OF THE PHILIPPINES VS
2. RA 9522 opens the country’s waters landward PEOPLE’S REPUBLIC OF CHINA
of the baselines to maritime passage by all PCA CASE NO. 2013-19
vessels and aircrafts, undermining Philippine FACTS:
sovereignty and national security, contravening The Republic of the Philippines instituted arbitral
the country’s nuclear-free policy, and damaging proceedings against the People’s Republic of
marine resources, in violation of relevant China under Annex VII to the United Nations
constitutional provisions. Convention on the Law of the Sea, with respect to
3. RA 9522’s treatment of the KIG as “regime of the dispute with China over maritime jurisdiction of
islands” not only results in the loss of a large the Philippines in the West Philippine Sea.
maritime area but also prejudices the livelihood of While China and Philippines are both parties to the
subsistence fishermen. UNCLOS, China specifically made a declaration in
Hence, petitioners files action for the writs of 2006 to exclude maritime boundary delimitation
certiorari and prohibition assails the from its acceptance of compulsory dispute
constitutionality of Republic Act No. 95221 (RA settlement. In addition, China has shown
9522) adjusting the country’s archipelagic disagreement with Philippines’ decision to take the
baselines and classifying the baseline regime of matter to arbitration and has decided neither to
nearby territories. agree with the decision of the Tribunal nor to
participate in the proceedings. Albeit China
Issue: Whether or not RA 9522, the amendatory published a position paper on the matter of
Philippine Baseline Law is unconstitutional. jurisdiction in the South China Sea Arbitration in
2014. China hinges its claim principally on historic
rights and the Nine-Dash Line. China contends that
the Arbitral Tribunal instituted has no jurisdiction
over the issue since the UNCLOS does not accord
University of Mindanao- College of Legal Education it the mandate to address what are essentially 14
Public International Law Class Second Semester SY 2018-2019 sovereignty-related issues.
Davao City
the Arbitral Tribunal instituted has no jurisdiction large-scale land reclamation and construction of
over the issue since the UNCLOS does not artificial islands were incompatible with the
accord it the mandate to address what are obligations on a State during dispute resolution
essentially sovereignty-related issues. proceedings.
The Tribunal considered China’s Position Paper Finally, the tribunal refused to make any declaration
as a plea on jurisdiction, and conducted a and simply ruled that the parties must comply with
separate hearing on the issue of jurisdiction and their obligations under the convention.
admissibility. Additionally, the Tribunal also
declared that it would honour China’s PROVINCE OF NORTH COTABATO V. GRP
declaration of 2006 and the UNCLOS and PEACE PANEL ON ANCESTRAL DOMAIN
would neither delve into issues of maritime (GR. NO. 183591, October 14, 2008)
boundary delimitation or questions of
sovereignty. The Philippines also stated that it, Facts:
“does not seek in this arbitration a determination On August 5, 2008, the Government of the Republic
of which Party enjoys sovereignty over the of the Philippines (GRP) and the MILF, through the
islands claimed by both of them. Nor does it Chairpersons of their respective peace negotiating
request a delimitation of any maritime panels, were scheduled to sign a Memorandum of
boundaries.” Agreement on the Ancestral Domain (MOA-AD)
ISSUE: Whether or not China had historic rights Aspect of the GRP-MILF Tripoli Agreement on
to resources in the waters of the South China Peace of 2001 in Kuala Lumpur, Malaysia.
Sea.
RULING: No, there was no evidence that Issue: IS THE CONCEPT OF ASSOCIATION
China had historically exercised exclusive EMBODIED IN THE MOA-AD RECOGNIZED
control over the waters or their resources. More UNDER THE CONSTITUTION?
importantly, the text and context of the
UNCLOS is clear in superseding any historic Ruling: NO. The relationship between the Central
rights that a State may once have had in the Government and the Bangsamoro juridical entity
areas that now form part of the exclusive shall be associative characterized by shared
economic zone and continental shelf of another authority and responsibility with a structure of
State. The UNCLOS defines the scope of governance based on executive, legislative, judicial
maritime entitlements in the South China Sea, and administrative institutions with defined powers
which may not extend beyond the limits and functions in the comprehensive compact.
imposed therein. The relevant part of the ‘nine- “[a]n association is formed when two states of unequal
dash line’ are contrary to the Convention and power voluntarily establish durable links. In the basic
without lawful effect to the extent that they model, one state, the associate, delegates certain
exceed the geographic and substantive limits of responsibilities to the other, the principal, while
maintaining its international status as a state. Free
China’s maritime entitlements under the
associations represent a middle ground between
UNCLOS. Thus, the Convention superseded integration and independence.
any historic rights or other sovereign rights or Back to the MOA-AD, it contains many provisions
jurisdiction in excess of the limits imposed which are consistent with the international legal
therein. concept of association, specifically the following: the
Having found that certain areas are within the BJE’s capacity to enter into economic and trade
Exclusive Economic Zone of the Philippines, the relations with foreign countries and among others.
tribunal found that China had violated the No province, city, or municipality, not even the
Philippines sovereign rights in its exclusive ARMM, is recognized under our laws as having an
economic zone by interfering with Philippine fish “associative” relationship with the national
and petroleum exploration, constructing artificial government. Indeed, the concept implies powers
islands and failing to prevent Chinese fishermen that go beyond anything ever granted by the
from fishing in the zone. The tribunal also found Constitution to any local or regional government. It
that China had caused severe harm to the coral also implies the recognition of the associated entity
reef environment and violated its obligation to as a state. The Constitution, however, does not
preserve and protect fragile ecosystems and contemplate any state in this jurisdiction other than
the habitat of depleted, threatened, or endanger the Philippine State.
species. Finally, the tribunal found that China’s

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FUNDAMENTAL RIGHTS Aggression – It refers to an act or policy of
OF STATES expansion carried out by one state at the
expense of another by means of an
1. Right to Existence and Self-defense unprovoked military attack.
The right to self-defense is the most
comprehensive right of the state as all other Par in Parem Non Habet Imperium- It is a
rights flow from it. States may take measures Latin term that means “An equal has no
including the use of force as may be power over an equal”. It is the principle that
necessary to counteract any danger to their one sovereign power cannot exercise
existence. jurisdiction over another sovereign power. It
is the basis of the act of state doctrine and
2. Right of Sovereignty and Independence sovereign immunity.
Every state has the right to be
sovereign in its territorial jurisdiction. Diplomats – they are the ones that carry out
Sovereignty is the supreme power of the diplomatic relation among states. The
state to enforce its will on all its members and following are the diplomatic ranks
to have freedom from foreign control. It is the established by the Congress of Vienna in
quality of having supreme, independent 1815.
authority over a territory. It covers the power Ø Ambassador Extraordinary and
to rule and make law. Plenipotentiary
An ambassador is a head of mission
3. Right of Equality formally representing the head of
This right is inherent in a state as a state with full authority to represent
subject of International law and is widely the government.
accepted among the family of nations. In its Ø Envoy Extraordinary and Minister
legal effects the principle of state equality Plenipotentiary
has several important consequences. An envoy is a head of mission, not
Probably the most important manifestation of considered a representative of the
the doctrine is the right of every state to have head of state, but nonetheless with
one vote in matters requiring the consent of full authority to represent the
states like the voting in the UN General government.
Assembly. Ø Minister Resident or Resident
Minister
4. Right of Territorial Integrity and It is the lowest rank of full head of
Jurisdiction mission.
Territorial integrity is the principle Ø Charge’ d’affaires
under International law which provides that It is in charge of the affairs of a
states should not attempt to promote diplomatic mission in the usually
secessionist movements or to promote temporary absence of a more senior
border changes in other states. diplomat.
5. Right of Legation Agreation – It is the process in the

- The right of legation is the right of every appointment of diplomatic envoy, where a
state to enter into diplomatic relations with state resorts to an informal inquiry as to the
other states. This right is a sovereign right acceptability of a particular envoy, to which
that can only be exercised legally by those the receiving state responds with an informal
vested with international personality. It is conformity (agreement).
governed by the 1961 Geneva Convention
on Diplomatic Relations.

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Letter of Credence- It is a formal document activity exercised by the
attesting to the power of a diplomatic agent diplomatic agent in the
to act for the issuing government. receiving State outside his
official functions.
Consuls- It is a public officer residing in a 2. A diplomatic agent is not obliged to
foreign country responsible for developing give evidence as a witness.
and protecting the economic interests of his 3. No measures of execution may be
government and looking after the welfare of taken in respect of a diplomatic agent
his government’s citizens who may be except in the cases coming under
travelling or residing within his jurisdiction. subparagraphs (a), (b) and (c) of
paragraph 1 of this article and
Kinds of Consuls: provided that the measures
Consul missi or consuls de carrier – is a concerned can be taken without
professional or career consuls who is a infringing the inviolability of his
national of sending state and required to person or of his residence.
devote his full time to discharge his duties. 4. The immunity of a diplomatic agent
Consul electi or consul marchand- may or from the jurisdiction of the receiving
may not be nationals of sending state and State does not exempt him from the
perform consular functions only in addition to jurisdiction of the sending State.
their regular callings. He is also called
honorary consul. He is non-career consul,
REPUBLIC OF INDONESIA V. VINZON
unsalaried consul and trading or merchant (June 26, 2003)
consul. Facts:
• Petitioner, Republic of Indonesia, entered
Privileges and Immunities Accorded to into a Maintenance Agreement in August
Diplomatic Envoy 1995 with respondent James Vinzon, sole
Article 31 of the 1961 Vienna Convention on proprietor of Vinzon Trade and Services.
Diplomatic Relations states that: • The Maintenance Agreement stated that
1. A diplomatic agent shall enjoy
respondent shall, for a consideration,
immunity from the criminal
maintain specified equipment at the
jurisdiction of the receiving State.
Embassy Main Building, Embassy Annex
He shall also enjoy immunity from its
Building and the Wisma Duta, the official
civil and administrative jurisdiction,
residence of petitioner Ambassador
except in the case of:
a. A real action relating to private Soeratmin.
immovable property situated • The equipment covered therein includes
in the territory of the receiving air-conditioning units, generator sets, etc.
State, unless he holds it on and it is likewise stated therein that it shall
behalf of the sending State for be effective for a period of four years and
the purposes of the mission; will renew itself automatically unless
b. An action relating to cancelled by either party.
succession in which the • When Minister Counsellor When
diplomatic agent is involved Indonesian Minister Counsellor Kasim
as executor, administrator, assumed the position of Chief of
heir or legatee as a private Administration, he allegedly found
person and not on behalf of respondent’s work and services
the sending State; unsatisfactory and not in compliance with
c. An action relating to any the standards set in the Maintenance
professional or commercial

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• Agreement. Hence, the Indonesian Doctrine of Effective Nationality- No state
Embassy terminated the agreement. is under obligation to recognize a nationality
The respondent claims the act as granted which does not meet the
arbitrary. requirements of it. (Nottebohm Case)
ISSUE: Statelessness- is the status of a person

• Whether or not the Republic of without nationality or citizenship.
Indonesia can invoke the doctrine of
sovereign immunity from suit. Aliens- a foreign born person who has not
• Whether or not petitioners qualified to as a citizen of the country where
Ambassador Soeratmin and Minister he is a resident.
Counsellor Kasim may be sued herein
in their private capacities. Deportation Reconduction
RULING: the removal of a refers to the

• The Supreme Court ruled that the non- citizen from practice of some
Republic of Indonesia cannot be the territory of a state ls whereby
deemed to have waived its immunity particular state. destitute aliens,
from suit. - done with foreign vagabonds,
• The mere entering into a contract by a formalities suspicious aliens
foreign state with a private party without identity
cannot be construed as the ultimate papers, alien
test of whether or not it is an act jure criminals who have
emperii or jure gestionis; such act is served their prison
only the start of the inquiry. terms are arrested
• It is undisputed that the establishment and sent back to
of a diplomatic mission is an act jure their states of origin
emperii however a sovereign state without any
does not merely leave it at that; the formalities.
establishment of a diplomatic mission
encompasses its maintenance and
upkeep. Persona non grata- refers to a diplomatic
• Hence, the state may enter into representative who is unacceptable to a
contracts with private entities to receiving government.
maintain premises, furnishings and
equipment of the embassy and living Doctrine of state responsibility- The laws
quarters of its agents and officials. of state responsibility are the principles that
• It is therefore clear that petitioner govern when and how a state is held
Republic of Indonesia was acting in responsible for a breach of an international
pursuit of a sovereign activity. obligation.
NATIONALITY AND Calvo clause- it is a stipulation in an

STATELESSNESS agreement between a private individual and
a foreign state, which provides that "aliens
Nationality- is the status of belonging to a are not entitled to rights and privileges not
particular nation, whether by birth or accorded to nationals, and that, therefore,
naturalization.

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they may seek redress for grievances only forward a position and making
before local authorities. concessions to reach an agreement
Refugee- a person who is outside his home Ex. An example of Negotiation is the
country because he has suffered persecution dialogue over the territorial dispute in the
on account of race, religion, nationality, or South China Sea issue. The members of
political opinion; or because he is a member the ASEAN or Association of Southeast
of a persecuted social category of persons; Asian Nations and China since 2016 have
or because he is fleeing a war. been engaged in discussions on a
potential code of conduct (COC) to
Internally Displaced Persons- are civilians manage the South China Sea maritime
who have been forced to flee their homes, and territorial disputes. The parties
but who have not reached a neighboring already adopted a bare-bones framework
country and therefore, unlike refugees, are for the code of conduct. (Source:
not protected by International Law and may https://amti.csis.org/blueprint-for-south-
find it hard to receive any form of assistance. china-sea-code-of-conduct/)
Non- refoulement- a principle of 2. Enquiry/Inquiry- is the act of asking

international law which forbids the states questions to gain information. The
from expelling from their territories and disputes involve the inability or
returning refugees to places where their lives unwillingness of the parties to agree on
or freedoms could be threatened. points of facts, thus underscores the
significance of the procedure of inquiry
Asylum- a refuge granted ti an alien by a as a means of pacific settlement of
state on its own territory. disputes. The parties are not obliged to
accept the findings of the inquiry.
Extradition- refers to the removal of a Enquiry is evident in the practice of
person from a requested state to a international organizations such as the
requesting state for criminal prosecution or United Nations and its specialized
punishment. agencies.
Attentat Clause- an attempt on the life of the Ex. In July 2014, the United Nations
head of state or a member of his family is not Human Rights Council established a
considered a political offense thus, the commission of inquiry with a mandate to
offender can be extradited upon the request investigate all violations of international
of another state. humanitarian law and international
human rights law in the occupied
Palestinian territory particularly in the
INTERNATIONAL DISPUTES occupied Gaza Strip allegedly
committed by Israel. (Source:
Peaceful or Amicable Methods of Settling https://ohchr.org/en/hrbodies/hrc/coigaz
Disputes: aconflict/pages/commissionofinquiry.as
1. Negotiation- is a dialogue between px)
two or more people or parties intended to
reach a mutually beneficial outcome, 3. Mediation- a process of settling a
resolve points of difference, to gain dispute through which an outside or third
advantage for an individual or collective, party endeavors to bring the parties in
or to craft outcomes to satisfy various disputes together and assists them in
interests. It is often conducted by putting reaching a settlement. The third party

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offers his assistance to the parties to a parties who are free to accept or reject
dispute by actively and directly them.
participate in the settlement itself. He is
expected to offer concrete proposals for Conciliation vs. Enquiry
a solution and a settlement of The Objective of The Objective of
substantive issues related to a dispute. Conciliation is to Enquiry is the
However, his proposals represent propose a solution to elucidation of the
nothing more than recommendations a dispute and to win facts in order to
and therefore have no binding force on the acceptance of enable the parties
either party. the parties to such through their won
solution accord settle their
Ex. The Royal Norwegian government dispute
has been mediating the peace Conciliation vs. Mediation
negotiations of the Philippine Conciliation is more formal and less
government and CPP-NPA-NDF peace flexible than mediation
panels since 2001. The Norwegian If a mediator’s proposal is not accepted,
government as third party and host of he can present a new proposals where a
the peace talks, shoulders all the conciliator usually present a single report
expenses related to the peace
negotiation from hotel venue to transport Ex. Switzerland is at the forefront in the field
cost. However, the assistance of Norway of arbitration. Switzerland has been home to
ended when President Duterte rules out several important non-governmental dispute
holding the peace talks via third-party resolution organizations such the United
facilitator arguing that negotiations Nations, the World Trade Organization, the
should be held in the Philippines. This World Intellectual Property Organization, the
resulted to the abrupt end of peace talks Swiss Chambers’ Arbitration Institution for
between the government and the commercial and disputes and the Court of
communist group. Arbitration for Sport. A testament of this
(Sources:https://www.untvweb.com/ne history is the Alabama case, which
ws/norway-assures-support-to-the-gph- considered being the first formal third party
and-cpp-npa-ndf-peace-negotiation/ arbitration in diplomatic history. The
https://www.manilatimes.net/duterte- arbitration hearing was held in September
rules-out-facilitator-in-peace- 15, 1872 and took place in Geneva,
talks/409837/) Switzerland, ending a dispute between Great
Britain and the United States for a series of
4. Conciliation- a process of settling a claims of damages, following the American
dispute by referring it to a specially Civil War (1861-1865).
constituted organ whose task is to
elucidate the facts and suggest proposals 5. Good Offices- a third party attempts
for a settlement to the parties concerned. to bring the disputants together in order to
The procedures herein are generally make it possible for them to find an
instituted by the parties who agree to refer appropriate settlement to their differences
their dispute to an already established through their negotiations. The function of
organ, commission, or a single conciliator the third party is to act as a go-between,
which is set up on a permanent basis or transmitting messages and suggestions in
ad hoc basis; third parties cannot take the an effort to create or restore a suitable
initiative on their own. The proposals of atmosphere for the parties to agree to
conciliation, like the proposals of negotiate or resume negotiation.
mediators, have no binding force on the

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Good Office vs. Mediation decision that is legally binding on both sides
Method of good In mediation, the and enforceable in the courts
offices consists of mediator takes and
various kinds of active part in the Ex. In the case of United States of America
action aiming to negotiations vs. The Netherlands, the Permanent Court
encourage between the of Arbitration resolved the dispute
negotiations disputants pertaining to the of Island of Palmas or
between the parties Miangas. The dispute concerned the
to a dispute sovereignty over the Island of Palmas,
In contrast with ceded by Spain to the United States of
mediation and America by treaty concluded in 1898, but
conciliation, the claimed by the Netherlands as forming part
profferer (the one of its possessions on the basis of having
who offer) of good exercised sovereignty there for more than
offices does not 200 years. The PCA or Permanent Court of
meet with the Arbitration is an intergovernmental
disputants jointly organization that acts as arbitral tribunal in
but separately with resolving disputes that arise out of
each of them international agreements between member
states, international organizations or
Ex. Switzerland, as a neutral country, offers private parties.(Source: https://pca-
its good offices to parties in conflict by cpa.org/en/cases/94)
offering its territory as a negotiation venue
between parties. Switzerland has been 7. Judicial Settlement-when states cannot
involved in as many as 15 negotiations, one agree on how to settle their disputes
of which is when it successfully brokered the amicably outside of court, they resort to
Nuba mountains ceasefire agreement in judicial settlement in international
Sudan. In addition, it took part in discussions tribunals in accordance with the rules of
between rebel groups and the government in international law. International tribunals
Colombia. It facilitated also official meetings include permanent tribunals like ICJ or
between Sri Lanka rebels and the International Court of Justice, ITLOS or
government, and helped in the peace International Tribunal for the Law of the
agreement between Maoist rebels and the Sea and other ad hoc tribunals like Inter-
Nepalese government. The most significant American Court of Human Rights, the
contribution of Switzerland is when it aided European Court of Justice, the European
the talks on Iran’s nuclear program, which Court of Human Rights .
ended with the signing of an agreement in
2015. Ex. On December 19, 2005, the
International Court of Justice (ICJ) issued
6. Arbitration- is a form of Alternative its final judgement in the case concerning
Dispute Resolution (ADR) and a technique armed activities on the territory of the
for the resolution of disputes outside the Congo in the case Democratic Republic of
courts. The parties to a dispute refer it to Congo vs Uganda. The court held that the
arbitration by one or more persons called armed activities of Uganda in Congo
arbitrator, arbiters or arbitral tribunal and (DRC) between August 1998 and June
agree to be bound by the arbitrations 2003 violated the international prohibition
decision or award. Simply, a third party against aggressive use of force as well as
reviews the evidence and imposes a International human rights and
international humanitarian law and that it

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violated other obligations owed to Congo. 3. Reprisal- is a limited and deliberate
However it also finds that the Democratic violation of international law in
Republic of Congo violated obligations relation to an unlawful act committed
owed to Uganda under the Convention on against it by another state. Also, they
Diplomatic Relations of 1961. are extremely limited in the laws of
war as they commonly breached the
Hostile Methods: rights of non-combatant, an action
outlawed by the Geneva
1. Severance of Diplomatic Conventions.
Relations- refers to the international
cessation of normal diplomatic Ex. The Naulila incident between Portugal
relations between two states. The and Germany in October 1914, happened
aggrieved state recalls its diplomatic when after three Germans were mistakenly
representatives and closes its killed in Naulila on the border of the then-
diplomatic missions. Portuguese colony of Angola. In response,
Germany carried out a military raid and
Ex. Venezuelan President Nicolas Maduro destroyed property in retaliation. The
on January 24, 2019 has broken off relations German government characterized its
with the United States after it recognized military action as reprisal, apparently for
opposition leader Juan Guaido as interim crimes perpetrated against its officials and
leader. Maduro gave US diplomats 72 hours citizens on Portuguese territory. For this
to leave the country. President Donald reason, Portugal brought a claim for
Trump recognized the opposition leader, compensation. The tribunal emphasized that
Juan Guadio as interim president after the before reprisals could be legally undertaken,
latter declared himself acting leader. a number of conditions had to be satisfied:
Source: https://www.bbc.com/news/world- first, there had to be a previous act by the
latin-america-46982692 other party that violated international law.
Second, reprisals had to be preceded by an
2. Retorsion- refers to the retaliatory unsatisfied demand for reparation or
action taken by one state against compliance with the violated international
another for the stringent or harsh law and lastly, there must be proportionality
regulation or treatment of its citizens between the offense and reprisal. The
who are within the geographical German claim that it had acted lawfully was
boundaries of the foreign country, a rejected on all three grounds.
form of counter measure as a Source:
response to a state’s unfriendly act. https://www.scribd.com/document/3384948
Although retorsion constitute 77/Naulilaa-Incident
unfriendly acts but are generally
permitted by International law. 4. Embargo- a Spanish term which
Ex. Acts of retorsion may include the means hindrance or obstruction. It is
prohibition of or limitations upon normal an order of a government prohibiting
diplomatic relations or other contacts, the departure of commercial ships
embargoes of various kinds or withdrawal of form its ports. Embargo may involve
voluntary aid programs. seizure of vessels even when in the
Source: high seas. Also, it is similar to
http://legal.un.org/legislativeseries/documen economic sanctions and are
ts/Book25/Book25_part3_ch2.pdf generally considered legal barriers to
trade, not to be confused with
blockade which are often considered

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to be as acts of war. Embargo or offending state as a retaliatory
sanctions are considered legal measure.
barriers to trade.
Ex. The Non-Intercourse Act of 1809 is a
federal law of the United States of America
Ex. The United States in 1807 imposed the that replaced the Embargo Act of 1807,
“Embargo Act of 1807”, prohibiting American which resumed the transatlantic trade with
ships from trading in all foreign ports other nations except with France and Great
especially British ports. During that time, Britain until they cease to violate the neutral
Britain and France is at war and the US was commerce of the U.S. The act prohibited
neutral. However, when the two erring their ships from entering American ports and
country seized American merchant ships and decreed it illegal for citizens of the U.S to
when the British Royal Navy resorted to have any intercourse with or to afford any air
impressment or forcing thousands of British- or supplies to any French or English ships.
American seamen into service on their The naval officers and customs officials were
warships, US responded by imposing authorized to seize merchandise from ships
embargo; anticipating economic hardships in violation of the law under the act.
for the belligerent nations in order to force Source: https://www.american-
them to end their seizure of American historama.org/1801-1828-evolution/non-
shipping, respect US neutrality and cease intercourse-act-1809.htm
the policy of impressment or the taking of 7. Blockade- is an effort to cut off
men into a military or naval force by supplies, war material or
compulsion with or without notice. communications from a particular
area by force, either partly or totally.
5. Boycott- means to abstain from or While most blockaded historically
act together in abstaining from using, took place at sea, blockade is still
buying, dealing with or participating in used on land to prevent someone
as an expression of protest or coming into a certain area.
disfavor or as a means of coercion. It
is used by states as a reprisal by Ex. The invasion of Kuwait by Iraq in August
suspending trade or business 1990 until 2003 is said to be the longest
dealings with offending states or their blockade action in modern history. The
nationals. United Nations Security Council passed
unanimously on August 1990 authorized the
Ex. The 1980 Summer Olympics boycott was banning of all imports and exports of goods
initiated by the United States to protest the to and from Iraq, with the exception of
invasion of Afghanistan by the former Union “supplies intended strictly for medical
of Soviet Socialist Republic (USSR), the purposes, and, in humanitarian
predecessor of Russia and Balkan States. circumstances, foodstuffs.”
The summer Olympics was held in Moscow. Source: An Analysis of the Legality of
In response, the Soviet Union and its ally Maritime Blockade in the Context of Twenty-
boycott the 1984 Summer Olympics in Los First Century Humanitarian Law by Phillip
Angeles, U.S.A. Jeffrey Drew, published in 2012
Source: https://www.wilsoncenter.org/blog-
post/the-1980-moscow-olympics-boycott 8. Pacific Blockade- is a naval
blockade in time of peace, it is
6. Non-intercourse-the state suspends exercised by a great power for the
all commercial transactions with an purpose of bringing pressure to bear
on a weaker state without actual war.

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Ex. The first recorded “Pacific Blockade” was government of another country as being due
in 1827, when during the Greek fight for its nationals
independence from Turkey, Britain, France
and Russia, the three latter “great powers”
deployed a fleet off the Greek coast to INTERNATIONAL HUMANITARIAN LAWS
prevent the supply and reinforcement of the AND THE INTERNATIONAL CRIMINAL
Turkish and Egyptian forces fighting in COURT
Greece. Although none of the three major
powers were at war with Turkey, and War – is an armed contention between public
although their fleets were ordered not to fire forced of the states or other belligerent
a shot unless they were opposed, “the allied communities implying the employment of
admirals determined to force a battle with the force between parties for the purpose of
Turkish fleet”. Someone did open fire and the imposing their respective demands upon
blockading force responded, sinking the each other.
entire Turkish and Egyptian fleets and loss
thousands of men. Thus, the first “Pacific Tribe – a society tracing its origin back to a
blockade” ended not quite pacifically. single ancestor, who may be a real person,
Source: Naval Blockades in Peace and War: mythical hero, or even a god.
An Economic History since 1750 by Lance E.
Davis and Stanley L. Engerman Q: How to commence war?
9. Intervention-the term applied to the A: It is commenced through a declaration of
use of force by one country or war by one state against another state or by
sovereign in the internal or external a belligerent against another party
affairs of another. It is generally
considered to be an unlawful act but Jus Ad Bellum (Latin for “Justice of War”)
some interventions may be - the conditions under which states
considered lawful. It may take the may resort to war or to the use of
form of military action or economic or armed force in general
political pressures. - set of criteria that are consulted
before engaging in war, in order to
Ex. In 2014, the United States-led support of determine whether entering into war
Syrian opposition and the Federation of is justifiable
Northern Syria against the Islamic State of Jus In Bello (Latin for “Justice in War”)
Iraq and the Levant (ISIL) and al-Nusra - the agreements defining limits on
Front. The United States together with acceptable conduct while already
Bahrain, Jordan, Qatar, Saudi Arabia and the engaged in war
United Arab Emirates attack ISIL forces - regulates the conduct of parties
inside Syria, as well as other ISIL allied group engaged in an armed conflict
as part of the multinational military
intervention against ISIL. Basic Principles in Conducting
Hostilities: (MHC)
Drago Doctrine- the doctrine mandates that 1. Principle of Military Necessity –
International Law did not authorize European permits measures which are actually
powers to use armed intervention to force necessary to accomplish a legitimate
American republics to pay debts. The military purpose and are not
doctrine provided that the contracting powers prohibited by International
agree not to have recourse to armed force for Humanitarian Law
the recovery of contract debts claimed from - Military Necessity admits all direct
the government of one country by the destruction of life or limb of armed

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enemies and of other persons whose of the command, and consists either
destruction is incidentally in a written order or guard of soldiers
unavoidable in the armed contests of 6. Cartel – agreements between
war (Article 15, Lieber Code). belligerents for the purpose of
- Principle of Proportionality – prohibits regulating permitted transactions in
attacks against military objectives times of war specifically for the
which are “expected to cause treatment or exchange of prisoners
incidental loss of civilian life, injury to 7. License to trade - written
civilians, damage to civilian objects, permission authorizing a person in
or a combination thereof, which time of war to carry on trade with a
would be excessive in relation to the particular place or in specified articles
concrete and direct military
advantage anticipated. How is war terminated? (CCT)
2. Principle of Humanity – prohibits 1. Conquest – the complete submission
belligerents from using any measure of one belligerent to the other
that is not absolutely necessary for 2. Cessation of hostilities – the
purposes of war which is to permanent stoppage of fighting
reasonably subdue an enemy between the belligerents
3. Principle of Chivalry – requires Ø Armistice – a formal
belligerents to give proper warning agreement of belligerents
before launching a bombardment or to stop fighting
prohibit the use of perfidy in the Ø Capitulation – agreement
conduct of hostilities entered into by
commanding officers
Commercia Belli – contracts entered during war for the
between belligerents or subjects of nations at surrender to a hostile
war which regulate arrangements for non- armed force of a particular
hostile dealings made. troop, vessel or territory
1. Flag of Truce – a white flag brought Ø Uti possidetis (Latin for
or displayed to an enemy as a “as you possess”) – when
request for a conference or as a the hostilities have
signal of surrender ceased, the enemy
2. Parlementaire (the bearer of the flag properties held by the
of truce) – the bearer is not subject to belligerents at the time of
attack or to any hostilities by the the cessation of hostilities
enemy for as long as he does not are vested in the holder.
take advantage of his status 3. Treaty of Peace – an agreement
3. Safe conduct - a document given to which usually provides for the
an enemy by an enemy government suspension of hostilities while
or commander authorizing safe negotiations are on going
passage through a region or
especially defined points. Postliminium
4. Passport – a written and general - a person who had been captured and
permission issued by a belligerent taken beyond the boundary is
government to a subject of an enemy returned to his former status
to travel in territories occupied or - may refer to a territory which had
controlled by the belligerents been occupied by enemy forces and
5. Safeguard – protection granted to returned to its original sovereignty
persons or property within the limits

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Individuals: 6. Spy – a person, who acting
1. Combatants – a status extended to clandestinely or under false
those who under government pretenses, obtains or endeavors to
sanction are engaged wither directly obtain information in the zone of
or indirectly in the operations of war operations of the belligerent, with the
and under exceptional cases to those intention of communicating it to the
without government authorization enemy
defend themselves from belligerent “Espionage” – the process
attacks of obtaining information
2. Non-Combatants – civilians who are considered confidential
not taking direct part in hostilities. without the permission of the
This includes medics and military holder of the information
chaplains 7. Terrorist – a person who uses
3. Unlawful Combatant – a person violence, mayhem, and destruction
who directly engages in armed (or threat of those things) to coerce
conflict in violation of the laws of war people or countries into taking a
4. Prisoners of War (POW) – person, certain action
whether combatant or non- “Terrorism” (from the Latin
combatant, who is held in custody by word terrorem which means
a belligerent power during or great fear) – use of violence
immediately after an armed conflict or threatened use of violence,
5. Mercenary – any person who: often targeting civilians, in
(a) is especially recruited order to achieve a political,
locally or abroad in order religious, or ideological aim.
to fight in an armed
conflict;
(b) does, in fact, take a direct Genocide – any of the following acts with
part in the hostilities; intent to destroy, in whole or in part, a
(c) is motivated to take part national, ethnic, racial, religious, social or
in the hostilities any other similar stable and permanent
essentially by the desire group as such:
for private gain; 1. Killing members of the group;
(d) is neither a national of a 2. Causing serious bodily or mental
party to the conflict nor a harm to members of the group;
resident of a territory 3. Deliberately inflicting on the group
controlled by a party to the conditions of life calculated to bring
conflict; about its physical destruction in
(e) not a member of the whole or in part;
armed forces of the party 4. Imposing measures intended to
in the conflict; and prevent births within the group; and
(f) has not been sent by a 5. Forcibly transferring children of the
state which is not a party group to another group.
to the conflict on official Note: It is also unlawful for any
duty as a member of its person directly and publicly incite
armed forces. others to commit genocide
Note: A mercenary shall INTERNATIONAL CRIMINAL COURT
not have the right to be a Jurisdiction: to prosecute individuals for the
combatant nor a prisoner international crimes of genocide, crimes
of war.

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against humanity, war crimes, and crimes of JURISDICTION OF STATES
aggression provided that only in cases where
the accused is a national of a state party, or JURISDICTION – means the authority to
a situation is referred to the Court by the UN affect legal interest.
Security Council.
Kinds:
Note: The ICC is legally and functionally 1. LEGISLATIVE JURISDICTION –
independent from the United Nations. jurisdiction to prescribe norms of
conduct.
Four Organs of the ICC: 2. EXECUTIVE JURISDICTION –
1. Presidency – composed of the jurisdiction to enforce the norms
President and the First and Second prescribed
Vice Presidents, all of whom are 3. JUDICIAL JURISDICTION -
elected by an absolute majority of the jurisdiction to adjudicate.
Judges of the Court for a three-year
renewable terms A. TERRITORIALITY PRINCIPLE – The
2. Judicial Divisions – consists of the fundamental source of jurisdiction is
18 judges of the court organized into sovereignty over territory
three divisions: The Pre-Trial
Division, Trial Division and the “EFFECTS DOCTRINE” – A state also has
Appeals Division jurisdiction over acts occurring outside its
3. Office of the Prosecutor – territory but having effects within it.
responsible for conducting
investigations and prosecutions and Kinds of Territorial Principle:
examining situations under the 1. SUBJECTIVE TERRITORIAL
jurisdiction of the Court PRINCIPLE – a state has jurisdiction
Situations where the to prosecute and punish for crime
Prosecutor may open an commenced within the state but
investigation: completed or consummated abroad.
a. A situation is referred to 2. OBJECTIVE TERRITORIAL
him by a state party; PRINCIPLE – a state has jurisdiction
b. Referred to him by the UN to prosecute and punish for crime
Security Council, acting to commenced without the state but
address a threat to consummated within its territory.
international peace and FRENCH RULE ENGLISH RULE
security; and
c. When the Pre-Trial Crime committed crimes perpetrated
Chamber authorizes him aboard a foreign under such
to open an investigation merchant vessel circumstances are
on the basis of the shout not be in general triable in
information received from prosecute in the the courts of the
other sources, such as court of the country country within
individuals or non- within whose whose territory they
governmental territorial jurisdiction were committed.
organizations they were
4. Registry – responsible for the non- committed unless
judicial aspects of the administration their commission
and servicing of the Court affects the peace

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and security of the not its national where the victim of the act
territory. was its national.
THE BALANCING TEST – is a mode of

B. NATIONALITY PRINCIPLE – every state resolving conflict of jurisdiction in which a
has jurisdiction over its nationals even tripartite analysis is used to determine
when those nationals are outside the whether to assume jurisdiction or not. If the
state. answer to the questions are yes, then the
court will assume jurisdiction.
“EFFECTIVE NATIONALITY LINK” – The
doctrine on effective nationality link is used to INTERNATIONAL COMITY – is a mode of
determine which of the two states of which a resolving conflict of jurisdiction even when a
person is a national will be recognized as state has the basis for exercising jurisdiction,
having the right to give diplomatic protection it will refrain from doing so if its exercise will
to the holder of dual nationality. be unreasonable.
STATELESS PERSONS – are those who do FORUM NON CONVENIENS – if in the

not have a nationality. whole circumstances of the case it be
1. DE JURE STATELESS PERSONS – discovered that there is a real unfairness to
are those who have lost their one of the suitors in permitting the choice of
nationality, if they had one, and have a forum which is not the natural or proper
not acquired a new one. forum, either on the ground of convenience
2. DE FACTO STATELESS PERSONS of trial or the residence or domicile of parties
– are those who have a nationality but or of its being the locus contractus, or locus
to whom protection is denied by their solutionis, then the doctrine of forum non
state when out of the state. conveniens is properly applied.
“PROTECTIVE PRINCIPLE – a state may
exercise jurisdiction over conduct outside its
territory that threatens its security, as long as NEUTRALITY
that conduct is generally recognized as
criminal by states in the international • NEUTRALITY – the general abstention by
community. a state which is not party to a war from all
participation in the war, and may extend
C. UNIVERSALITY PRINCIPLE - to the obligation to prevent, tolerate, or
recognized that certain activities, regulate certain acts upon the part of the
universally dangerous to state and their belligerents.
subjects, require authority in all community • NEUTRALIZATION – a situation whereby
members to punish such acts wherever a state or portion of it is bound to refrain
they may occur, even absent a link between from offensive hostilities by virtue of an
the state and the parties or in question. agreement of states or through a treaty or
convention although it is permitted to keep
PIRACY IN INTERNATIONAL LAW – means an army for its defense.
any illegal act of violence or depredation
committed for private ends on the high seas Neutral states must:
or outside the territorial control of any state.
PASSIVE PERSONALITY PRINCIPLE – 1) abstain from taking part in the
asserts that a state may apply law – hostilities and from giving assistance
particularly criminal law – to an act to either belligerent (PRINCIPLE OF
committed outside its territory by a person ABSTENTION);

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2) prevent its territory from being used by BLOCKADE – is a measure of war which the
the belligerents in the conduct of forces of one belligerent obstructs
hostilities (PRINCIPLE OF communication with a place or port of the
PREVENTION); and enemy, and is in general applied to the
3) acquiesce in certain restrictions and prevention of communication.
limitations that the belligerents may
find necessary to impose, especially in • A blockade may end:
connection with international 1) On the conclusion of peace;
commerce (PRINCIPLE OF 2) When the blockaded vessel
ACQUIESCENCE). voluntarily withdraws;
3) When the blockaded vessels
ANGARY – the right of a belligerent state in are driven away by the
cases of urgent necessity to destroy or use a enemy;
neutral property on its own or enemy’s 4) When it ceases to be effective
territory, or on the high seas; they must, due to circumstances beyond
however, pay for just compensation when it the control of the parties; and
seizes, uses or destroys, for purposes of 5) When the blockaded place
offense or defense neutral property. comes into possession of the
forces of the blockading
RIGHT TO VISIT AND SEARCH VESSELS belligerent.
– a right accorded with which a belligerent
warships and aircrafts to stop, visit and PRIZE – the technical term which is applied
search a neutral merchant vessel on the high to legal capture (e.g. captured vessels).
seas for the purpose of determining whether
in any way they are connected to hostilities. • PRIZE COURT – a tribunal
established by a belligerent state
CONVOY – Neutral vessels sailing under the under its own laws in its territory or
escort of a neutral warship are in general territories of allies and applies rules of
exempt from visit and search though the International Law in the absences of
commander of the warship is under special municipal legislations. May
obligation to furnish necessary information either be (1) International or (2)
regarding the vessels under his escort. National.
Neutral vessels may be captured or A neutral state is NOT allowed to:

seized by the belligerents:
1) Lend assistance to any of the
1) In case of absence or irregularity of belligerents;
ship’s papers; 2) Recruit troops for the
2) When a neutral vessel or its convoy belligerents or allow third
resists search; parties to do so on its territory;
3) When the neutral vessel is under the 3) Supply military equipment on
enemy convoy; any pretext whatsoever; and
4) If the neutral vessel breaks or attempts 4) Supply military intelligence.
to break a blockade;
5) The neutral vessel is carrying A neutral state is NOT bound to prohibit:
contrabands or in itself a contraband;
and 1) Its nationals from taking
6) If the vessel is engaged in unneutral service with any one of the
service. belligerents;

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2) The export by a private 1) Carriage of enemy persons;
individual, or the transit, of 2) The transmission of
military equipment; and intelligence information in the
3) The use by the belligerents of interest of the enemy; and
existing means of 3) Providing aid such as
communication whether refueling, repair of an enemy
publicly or privately owned. vessel, other services directly
in aid of or under orders or
control of a belligerent.
CONTRABAND – articles which are used for
war and which when bound for a belligerent Under Article 46 of the Hague Convention, a
destination are subject to capture and merchant vessel is performing unneutral
confiscation. The following are the conditions service if:
for a contraband to be captured: [1] the
article might be of use for war; and [2] the 1) She takes a direct part in the
article should have an enemy destination. hostilities;
2) She is under control of the
Kinds of contraband: enemy authority;
3) She is exclusively in the
1. ABSOLUTE CONTRABANDS – enemy employment; and
goods that are particularly of use 4) She is exclusively engaged in
for war like weapons and transport of enemy troops or
ammunitions; transmission of enemy
2. CONDITIONAL CONTRABANDS intelligence.
– goods that may be used in war
and in peace like motor vehicles
and food items; and
3. FREE GOODS – items that are of
no use in war including soap,
paper, clocks, agricultural
machinery and jewelry.
DOCTRINE OF ULTIMATE
CONSUMPTION – the goods intended for
civilian use which may ultimately find their
way to and be consumed by the belligerent
forces are liable to seizure on the way
because they are treated as contrabands.
DOCTRINE OF ULTIMATE DESTINATION

– the determination of whether or not a
contraband is liable for seizure is their real
destination.
UNNEUTRAL SERVICE – generally

includes the following acts when undertaken
by a neutral state for a belligerent:

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NOTES ON PUBLIC INTERNATIONAL LAW

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NOTES ON PUBLIC INTERNATIONAL LAW

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NOTES ON PUBLIC INTERNATIONAL LAW

From the Books of Bernas and Duka

International law 2. Material Sources – sometimes referred to

University of Mindanao- College of Legal Education 1

University of Mindanao- College of Legal Education 2

University of Mindanao- College of Legal Education 3

In the Perspective of Municipal Law:

Belligerency is defined in International Law

University of Mindanao- College of Legal Education 5

Declaratory View is a theory which provides Government refers to the organization,

University of Mindanao- College of Legal Education 6

University of Mindanao- College of Legal Education 7

University of Mindanao- College of Legal Education 8

University of Mindanao- College of Legal Education 9

2. Aristocracy is a government in 9. De Jure is a form of government

University of Mindanao- College of Legal Education 10

b) Bays or Historic bays; 4. By Cession;

c) Gulfs; and 5. By Conquest; or

University of Mindanao- College of Legal Education 11

University of Mindanao- College of Legal Education 12

University of Mindanao- College of Legal Education 13

University of Mindanao- College of Legal Education 15

5. Right of Legation Agreation – It is the process in the

University of Mindanao- College of Legal Education 16

University of Mindanao- College of Legal Education 17

ISSUE: Statelessness- is the status of a person

RULING: the removal of a refers to the

NATIONALITY AND Calvo clause- it is a stipulation in an

University of Mindanao- College of Legal Education 18

Non- refoulement- a principle of 2. Enquiry/Inquiry- is the act of asking

University of Mindanao- College of Legal Education 19

University of Mindanao- College of Legal Education 20

University of Mindanao- College of Legal Education 21

University of Mindanao- College of Legal Education 22

University of Mindanao- College of Legal Education 23

University of Mindanao- College of Legal Education 24

University of Mindanao- College of Legal Education 25

University of Mindanao- College of Legal Education 26

University of Mindanao- College of Legal Education 27

THE BALANCING TEST – is a mode of

STATELESS PERSONS – are those who do FORUM NON CONVENIENS – if in the

University of Mindanao- College of Legal Education 28

Neutral vessels may be captured or A neutral state is NOT allowed to:

University of Mindanao- College of Legal Education 29

DOCTRINE OF ULTIMATE DESTINATION

UNNEUTRAL SERVICE – generally

University of Mindanao- College of Legal Education 30

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