Vienna Convention on Consular Relations

1. A consular officer shall enjoy Personal Inviolability, Inviolability of the premises and archives,
and from being compelled to give evidence and cannot be subjected to coercive measure or
penalty when doing so. Also, a consular officer is exempted from the following:
a. from the registration of aliens and residence permit
b. from work permits
c. from social security
d. from taxes
e. from custom duties and inspection
f. from personal service and contributions
2. Yes, the head of the consular post may enter upon his duties even before he has received an
exequatur. Under Article 13 of the Vienna Convention on Consular Relations, a head of the
consular post may be admitted on a provisional basis pending the delivery of the exequatur
3. A consular officer may perform diplomatic acts after the consent of the receiving state, provided
that the sending state has no diplomatic mission and is not represented in a diplomatic mission
of a third state.
4. No, the performance of the diplomatic act does not confer immunity over the consular officer.
5. No, it will not.
6. The sending state has the obligation to recall the person concerned or terminate his functions
within the consular post
7. The right to consular notification are enshrined under Art. 36 of the Vienna convention on
consular relations. This are afforded to a member of the consular post during their detention or
arrest in the receiving state

State Jurisdiction

1. Territoriality Principle is shown by Art. 14 of the Civil Code which states that Penal laws and
those of public security and safety shall be obligatory upon all who live and sojourn in the
Philippine Territory. Nationality Principle is shown Art. 15 of the Civil Code which states Laws
relating to family rights and duties are binding upon citizens of the Philippines even though
living abroad. Protective Principle can be shown in the Revised Penal code, where certain acts
are punishable even if they are committed abroad by non-Philippine citizens. Universality is
shown as the laws are applicable to all regardless of class, age, gender or social status.
2. No, a state may not exercise its power in the territory of another. One of the fundamental rights
of the state is Sovereignty and Independence.
3. Yes the state may exercise its jurisdiction under the precautionary principle if it deems the acts
committed to be prejudicial to its safety and interest

Extradition
 1. The elements of extradition are: there must be a valid extradition treaty, that the person in
custody is the person the petitioning state is requesting, that the offense charged falls within the
extradition treaty and there is probable cause that the defendant committed the offense.
2. No, IL does not recognize it as a duty on the part of the states. One of the principles of
extradition is that states are under no obligation to surrender a fugitive unless there is a treaty
governing it.
3. Extradition is when a person residing in another country is charge with a crime in another. This is
when the country where that person is charged requested from the other state to turn over the
custody of the person. While in deportation, the person being deported based on the discretion
of the state where that person is either found to have no right to remain or has committed an
undesirable act.

State Immunity

1. No, it is not absolute. According to the theory of relative immunity, acts of the state may be
distinguished to determine its suability.
2. The exceptions are:
a. Commercial transactions
b. Contracts of employment
c. Personal injuries and damage to property
d. Ownership possession and use of property
e. Intellectual and industrial property
f. Participation in companies or other collective bodies
g. Ships owned or operated by the state
h. Arbitration judgment

Vienna Convention on Diplomatic Relations

1. A diplomatic agent enjoys immunity from the criminal, civil and administrative jurisdiction of the
receiving state. His person shall be inviolable and he may not be liable to any form of arrest or
detention. He also enjoys exemption from the following:
a. From social security provisions in force in the receiving state
b. From all dues and taxes
c. From personal or public services and military obligations of any kind
2. ………….

UN Charter

1. The domestic jurisdiction clause states that the charter of the UN does not allow it to intervene
with matters that are within the Domestic Jurisdiction of any state or shall require them to
submit such matters to settlement under the present charter.
2. The membership to the UN is open to all peace loving states which accepts the obligations
contained under the present charter and in the judgment of the organization, are able and
willing to carry out these obligations
 3. A. yes, a member may be suspended from exercising its rights and privileges by the General
Assembly upon the recommendation of the Security Council
B. yes a member may be expelled when it persistently violated the principles contained in the
present charter by the General Assembly upon recommendation of the Security Council
c. no, the UN charter does not provide any provision with regards to withdrawal
4. Yes, the decision of the security council, unlike the general assembly are binding upon the
members of the UN
5. No, it is not an international legal dispute since it is comprised of the private rights of a person
which are offended by another state. For it to be an international legal dispute, it must be an
issue that is causing friction between two states.
6. Yes a non-member can bring a dispute it is a party to, to the attention of the security council
provided that it will accept in advance the obligations of pacific settlement provided in the
charter

ICJ

1. The ICJ has jurisdiction over contentious cases between states in which its rulings are binding
and advisory opinions which provide reasoned but not binding decision

ICCP

1. State exercising the right must inform other states present in the covenant the provisions it has
derogated and that there must be a letter communicated on the date on which they have
derogated.
2. The following are not derogable:
a. The right to life
b. Right to torture or cruel, inhuman or degrading treatment
c. The right prohibiting slavery
d. Right to liberty or security
e. Right from imprisonment due to non-fulfillment of a contractual obligation
3. State are given the opportunity to settle or redress a wrong within the framework of its own
domestic system before its international responsibility can be called to question

ICESR

1. The rights protected under the ICSJR are: the right to self-determination, the right to work, the
right to social security, the right to education, the right to take part in cultural life, the right to
enjoy the benefits of scientific progress.
2. The principle states that parties to the covenant individually and through international
cooperation undertake steps to achieving progressively the full realization of the rights
recognized in the covenant
Genocide

1. Persons charged with genocide shall be tried by a competent tribunal of the state in which
territory the act was committed or an international penal tribunal which has jurisdiction over
the parties
2. No they are not immune, according to Art. 4 of convention persons who violate the acts
enumerated will be punished even if they are constitutionally responsible rulers or public
officials.
3. No, genocide is not considered as a political crime for the purposes of extradition

Torture

1. No, art. 2 of the convention states that even war or the threat of war can be used to justify
torture.
2. No. according to Art. 2 of the convention, an order from a superior or public authority cannot be
used as a justification for torture

Stateless

1. ……
2. No, a stateless person is not entirely without rights since the convention provides provisions in
which a stateless person will be given rights in accordance to the state where he habitually
resides.
3. Yes, the convention provides that a stateless person can be expelled on the grounds of nation
safety or public order

Refugee

1. The refugee is obliged to abide by the laws and regulations as well as measures taken for the
maintenance of public order in the state where he resides
2. The right of asylum is the right of a person to seek refuge and protection in another state if they
are being persecuted by their own state. This also includes the right of the protecting state to
refuse the return of the person seeking asylum.