PUBLIC INTERNATIONAL LAW
Dean Hilario Justino F. Morales
Bar Review Lecturer
___________________________________________________________________________________________
01. What is Public International Law?
ANSWER: Public International law is that
branch of public law consisting of a body of legal
principles, norms and processes which regulates
the relations of States and other international
persons and governs their conduct affecting the
interest of the international community as a
whole. It is used interchangeably with “law of
nations”.
Concepts
02. What is a Jus Cogens norm?
ANSWER: A Jus Cogens norm is a peremptory
norm of general international law accepted and
recognized by the international community of
States as a whole as a norm from which no
derogation is permitted and which can be
modified only by a subsequent norm of general
international law of the same character. It is by
its nature binding on every State. The following
are norms considered jus cogens in character: 1)
Laws on genocide 2) Principle of non-racial
discrimination 3) Principle of self –
determination 4) Laws penalizing crimes
against humanity 5) prohibition against slavery,
slave trade 6) Laws penalizing piracy.
03. What is obligation erga omnes?
ANSWER: Erga Omnes is an obligation of every
State towards the international community as a
whole. All states have a legal interest in its
compliance, and thus all States are entitled to
invoke responsibility for breach of such an
obligation. By the nature of jus cogens norms
they embody erga omnes obligations. Even as all
erga omnes obligations may not be in the nature
of jus cogens norms, jus cogens norms
necessarily embody erga omnes obligations.
Examples of erga omnes obligations are
outlawing of acts of aggression, and of genocide,
as also from the principles and rules concerning
the basic rights of the human person, including
protection from slavery and racial
discrimination.
04. What is the concept of Aeguo Et
Bono?
ANSWER: This for the application of the
principle of what is good and just also known as
the rule on equity. It is subject to the
requirement that parties to the dispute have to
agree thereto as provided in Article 38 (1) of the
Statute of the international Court of Justice.
05. What is the Supremacy Clause under
Article 103 of the UN Charter?
ANSWER: The Supremacy Clause under Article
103 of the UN Charter provides that in the event
of a conflict between the obligations of the
Members of the UN under the present UN
Charter and their obligations under any other
international agreements, their obligation under
the present Charter shall prevail.
Examples of obligations of Members of
the UN under the present UN Charter are:
sovereign equality of States, the duty to settle
international disputes in a peaceful manner,
prohibition against the threat or use of force
against the territorial integrity or political
independence of any state, duty to fulfill in good
faith the obligations assumed by them in
accordance with the present Charter, universal
respect for, and observation of, human rights
and fundamental freedoms without distinction
as to race, sex, language or religion.
06. Is the World Health Assembly (WHA)
Resolutions, absolutely prohibiting
advertisements and promotions of
breast milk substitutes considered as
part of the law of the land?
ANSWER: NO. Unlike what has been done with
 2

the International Code of Marketing of of confirming, establishing or

Breastmilk Substitutes (ICMBS) whereby the abolishing a rule of international
legislature enacted most of the provisions into law. Example: Vienna Convention
law which is the Milk Code, the subsequent on the Law of Treaties.
WHA Resolutions have not been adopted and
cannot be considered as part of the law of the *Treaties may be considered as
land that can be implemented by executive direct source of international law
agencies without the need of a law enacted by when concluded by a sizeable
the legislature. Consequently, legislation is number of states, and is reflective
necessary to transform the provisions of the of the will of the family of
WHA Resolutions into domestic law. (Ibid.) nations.

07. What is customary international law? *Bilateral treaties are sources of

ANSWER: Custom or customary international particular international law but
law means "a general and consistent practice of may become primary sources
states followed by them from a sense of legal when different contract treaties
obligation (opinion juris)," which statement are of the same nature,
contains the two basic elements of custom: the containing practically uniform
material factor, that is, how states behave, and, provisions, and are concluded by
the psychological or subjective factor, that is, substantial number of States.
why they behave the way they do. Customary
international law is deemed incorporated in our b. International Customs, as
domestic system. (Ibid.) evidence of a general practice
accepted as law. It is a set of
08. What do you understand by the practices which has grown up
phrase "generally accepted principles of between states and has come to
international law"? be accepted as binding by mere
ANSWER: "Generally accepted principles of fact of persistent usage over a
international law" refers to the norms of general long period of time. They
or customary international law which are preclude rules which are binding
binding on all states, i.e., renunciation of war as only on a few or a small number
an instrument of national policy, the principle of of States. Examples: prohibition
sovereign immunity, a person's right to life, against slavery and the
liberty and due process, and pacta sunt servanda, prohibition against torture
among others. They are primary sources of *Elements of International
international law because they have the Customs:
“character of jus rationale” and “are valid 1) General practice by a number
through all kinds of human societies(Ibid.) of states, characterized by
uniformity and consistency
Sources of International Law
2) Opinio juris, or recognition of
09. What are the sources of international that practice as a legal norm and
law? therefore obligatory.
ANSWER:
1. Primary Sources -They are formal 3) Duration- repeated over a
sources because they are the methods by considerable period of time
which norms of international law are
created and recognized. c. General Principles of Law - these
are rules derived mainly from natural
a. International Treaties and law, which are observed by the
Conventions, whether general or majority of civilized states because
particular, establishing rules they are believed to be good and just.
expressly recognized by the Examples: due process, res judicata,
contesting state. They are sources prescription, estoppel, pacta sunt
of international law only when servanda
(1)
they have been concluded by
numerous states for the purpose

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 3

2. Secondary Sources – they are subsidiary Article 38 of the Statute of the ICJ, is considered
means for the determination of rules as primary source of international law.
of law. They are to be regarded
merely as authoritative evidence of 11. How may international law become a
the state of law. part of domestic law?
a. Decisions of International ANSWER:
Tribunals, and 1. Doctrine of Incorporation- The
b. Teachings and writings of Incorporation Clause (Article II, Section
highly qualified publicists 2, PC) prescribes that the Philippines
“adopts the generally accepted principles
Requisites: 1) writings must be of international law as a part of the law
fair and impartial, and of the land.” It is a formal recognition of
2) must be an general international law a “part of the
acknowledged authority in the law of the land.” The incorporation
field. method applies when, international law
is deemed to have the force of domestic
The application of judicial law. No further legislative action is
decisions and teachings of needed to make such rules applicable in
publicists by the International the domestic sphere.
Court of Justice is subject to two
limitations: For these principles of
international law to become part of
1) it is restricted to the national law they must be of customary
parties to the dispute and or general international law, i.e. binding
is not extended to any on all States. It further decrees that rules
other case, including a of international law are given equal
case involving the same standing with, but are not superior to,
parties, and national legislative enactments.

2) these decisions may also "Generally accepted principles of

be applied as “subsidiary
means for the
determination
of rules of law,” which is
quite distinct from the
status of sources of law.
They serve to evidence or
ascertain the existence or
status of a principle as
law.
10. Are resolutions and declarations of
the UN General Assembly a source of
international law?
ANSWER: YES. The emerging view is that
resolutions and declarations of the General
Assembly have obligatory effect upon member
States and are thus considered a source of
international law.. This thesis finds support in
Article 3(10 of the UN Charter empowering the
General Assembly, inter alia, to initiate studies
and make recommendations for the purpose of
encouraging the progressive development of
international law or its codification. Thus, if a
resolution or declaration of the General
Assembly is accepted by the majority of the UN
members, then the resolution or declaration
develops into a customary law which under
international law" refers to the norms of
general or customary international law
which are binding on all states, i.e.,
renunciation of war as an instrument of
national policy, the principle of sovereign
immunity, a person's right to life, liberty
and due process, and pacta sunt
servanda, among others. They are
primary sources of international law
because they have the “character of jus
rationale” and “are valid through all
kinds of human societies.
(Pharmaceutical, supra )
2. Doctrine of Transformation- (either
through legislative enactment or under
the Treaty Clause) This doctrine holds
that the generally accepted rules of
international law are not per se binding
upon the state but must first be
transformed into domestic law through a
constitutional mechanism such as local
legislation by the lawmaking body.
Treaties may also become part of the law
of the land pursuant to the Treaty Clause
(Article VII, Section 21, PC) which is a
process of transforming a treaty or
international convention into national

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 4
law.
*A customary norm becomes “part of the
law of the land” by virtue of the
Incorporation Clause. A customary norm
is incorporated into the national law
under the Incorporation Clause.
*A conventional rule is transformed into
a “valid and effective “ domestic clause
under the Treaty Clause of the
Constitution.
To be internalized into national
law and before they may be applied in
Philippine jurisdiction, norms and
principles of objective international law
must comply with the foregoing methods
of internalization. Thus, treaties or
conventional international law must go
through a process prescribed by the
Constitution for it to be transformed into
municipal law that can be applied to
domestic conflicts.
In Pharmaceutical, supra, it was
ruled that the World Health Assembly
(WHA) Resolutions, absolutely
prohibiting advertisements and
promotions of breast milk substitutes are
not considered as part of the law of the
land. Unlike what has been done with
the International Code of Marketing of
Breastmilk Substitutes (ICMBS) whereby
the legislature enacted most of the
provisions into law which is the Milk
Code, the subsequent WHA Resolutions
have not been adopted and cannot be
considered as part of the law of the land
that can be implemented by executive
agencies without the need of a law
enacted by the legislature. Consequently,
legislation is necessary to transform the
provisions of the WHA Resolutions into
domestic law.
12. How are conflicts between
International law and Municipal Law
resolved?
ANSWER:
1. The basic rule is to reconcile or harmonize
the apparent conflict, thereby giving effect to
both.
2. If the conflict is irreconcilable, apply the law
of the forum (lex forei):
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a) where the conflict is elevated to an
international tribunal, then
international law is more paramount
because international law provides the
standard by which to determine the
legality of a State’s conduct;
b) where the controversy is brought before
a local tribunal, the tribunal will uphold
the superiority of its municipal law.
3. In Philippine jurisdiction:
a. Philippine Constitution vs international
law principle: the Constitution
prevails.
Rationale: Art. VIII, Sec 5(2) (a) of the
Philippine Constitution empowers the
Supreme Court to declare a treaty or
executive agreement unconstitutional.
Also in Secretary of Justice vs. Lantion,
GR No.139465, January 18, 2000, it was
held that in states where the
Constitution is the highest law of the
land, both statutes and treaties may be
invalidated if they are in conflict with the
C o n s t i t u t i o n .
b. Exercise of police power: the municipal
law prevails.
c. If International Law (treaties or
conventions) is in conflict with a statute:
A treaty has two aspects- as an
international agreement between states,
and as a municipal law for the people of
each state to observe. Under the
Doctrine of Incorporation the rules of
international law are given equal
standing with, but are not superior to,
national legislative enactments in the
municipal sphere. Hence, a treaty may
repeal a statute and a statute may repeal
a treaty. Thus, the principle of lex
posterior derogat priori, that which
comes last in time will be upheld by the
local tribunal. The Constitution also
authorizes the nullification of a treaty
not only when it conflicts with the
fundamental law, but also when it runs
counter to an act of Congress. (Lim vs
Arroyo, GR No. 151455 April 11, 2002)
13. What may be subject of Public
International Law?
ANSWER: A subject of international law is an
entity that has rights and responsibilities under
the law. It has an international personality that
 5
it can directly assert rights and be held directly
responsible under the law of nations. It can be a
proper party in transactions involving the
application of the law of nations among
members of international communities. The
subjects are:
1. Direct subjects- a) States b) colonies
and dependencies c) mandates and
trust territories; belligerent communities
d) The Vatican e) the United nations;
international administrative bodies and
f) to a certain extent, individuals.
While international law
recognizes the individual natural person
as subject, it is not however by reason of
general international law or international
custom. His personality is derived from
the collective will of States expressed in
an international convention. The
individual becomes a subject of
international law by reason of
conventional international law, not on
account of customary international law.
(Magallona, Merlin M., The Supreme
Court and International Law: Problems
and Approaches in Philippine Practice. UP
Law Center Institute of International
Legal Studies, 2010)
2. Indirect subjects – a) international
organizations b) individuals; and c)
corporations.
3. Incomplete subjects – a) protectorates
b) federal states c) mandated and trust
territories
14. What are objects of international law?
ANSWER: A person or thing in respect of which
rights are held and obligations assumed by the
subject. It is not directly governed by the rules of
international law. Its rights are received and its
responsibilities imposed indirectly through the
instrumentality of an intermediate agency.
15. What is the concept of association
under international law? What are the
requisites for an association to be
lawful?
ANSWER: An association under international
law is a formal arrangement between a non-self-
governing territory and an independent State
whereby such territory becomes an associated
State with internal self-government, but the
independent state is responsible for foreign
relations and defense. An association is formed
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between two states of unequal power voluntarily
establish durable links. The associate delegates
certain responsibilities to the other, the
principal, while maintaining its status as a state.
It is an association between sovereigns. The
associated state arrangement has usually been
used as a transitional device of former colonies
on their way to full independence. (Province of
North Cotabato v. Government of the Republic of
the Philippines Peace Panel on Ancestral Domain,
568 SCRA 402)
For an association to be lawful, it must
be subject to UN approval upon compliance with
the following general conditions prescribed in a
UN General Assembly Resolution: 1) the
population must consent to the association and
2) the association must promote the
development and well-being of the dependent
state or the non-self governing territory.
State Sovereignty
16. How is state sovereignty defined in
International Law? Is State sovereignty
absolute?
ANSWER: Sovereignty signifies the right to
exercise the functions of s State in regard to a
portion of the globe to the exclusion of any other
State. It is the principle of exclusive competence
of a state in regard to its own territory (The
Island of Las Palmas Case, 1928) State
sovereignty is the ability of a state to act without
external controls on the conduct of its affairs
(Fox, Dictionary of International and
Comparative Law)
NO. State sovereignty is not absolute. It
is subject to limitations imposed by membership
in the family of nations and limitations imposed
by treaty stipulations. (Tanada vs Angara, 272
SCRA)
17. What is the principle of auto-
limitation? What is the relationship
between reciprocity and the principle
of auto-limitation?
ANSWER: The principle of auto-limitation
means that a State may by its express or implied
consent submit to a restriction of its sovereign
rights There may thus be a curtailment of what
otherwise is a power plenary in character.
(Reagan vs CIR, 30 SCRA 968, Tanada vs Angara,
272 SCRA 18)
By reciprocity, States grant to one
another rights or concessions, in exchange for
identical, or comparable duties, thus acquiring a
right as an extension of its sovereignty and at the
 6
same time accepting an obligation as a
limitation to its sovereign will, hence, a
complementation of reciprocity and auto-
limitation.
18. What is the Doctrine of Sovereign
Immunity of States? What are the basis
of immunity from suits of a foreign
state?
ANSWER: The Doctrine of Sovereign Immunity
of States is a universally recognized principle
which exempts a state from the jurisdiction of
other States including the right not to be sued in
the courts of another without its consent or
unless consent is waived. State immunity
includes not only exemption of the State’s
property from taxation or attachment wherever
the property is located but also the exemption of
its public vessels from being searched, detained,
seized by any State. The basis of immunity from
suits of a foreign state are the twin principles of
independence and equality of states pursuant to
the maxim “par parem habet non imperium” (an
equal has no dominion over an equal) (Republic
of Indonesia vs. Vinzon, 405 SCRA 126)
State Immunity from Suit
19. What is State Immunity from Suit?
Does it apply to foreign
governments? Can the right to state
immunity be waived?
ANSWER: State immunity from suit means that
the state may not be sued without its consent.
But consent to suit does not include consent to
attachment of property for foreign sovereign.
The doctrine applies to foreign government.
When a foreign state wishes to invoke sovereign
immunity, it secures an executive endorsement
of its claim of immunity from the Department of
Foreign Affairs, and the determination made by
the Executive Department is a political question
which is conclusive on Philippine courts. It may
also file a motion to dismiss on the ground of
lack of jurisdiction over its person. The right to
state immunity may be waived but it does not
mean that it is admitting liability. (Philippine
Rock Industries, Inc. vs. Board of Liquidators,
180 SCRA 71) It means that the State in allowing
itself to be sued is merely giving the plaintiff the
opportunity to prove its case but the State does
not waive its lawful defenses.
The waiver of State immunity under the
Visiting Forces Agreement (VFA) with the USA
pertains only to criminal jurisdiction and not to
special civil actions such as the present petition
for issuance of a writ of Kalikasan. In fact, it can
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be inferred from Section 17, Rules 7 of the Rules
that a criminal case against a person charged
with a violation of an environmental law to be
filed separately. (Arigo v. Swift, GR No.206510,
September 2014.)
20. What are the two kinds of sovereign
immunity?
ANSWER: The two kinds of sovereign immunity
are 1) absolute immunity and 2) restrictive
immunity. Under absolute immunity, all acts of
state, be they governmental or proprietary, are
protected by sovereign immunity. Under
restrictive immunity, a State liable to suit only in
the exercise of its proprietary acts and does not
apply to acts performed in its sovereign or
governmental function.
21. What do you understand by the
principle of Restrictive State Immunity from
Suit?
ANSWER: State immunity from suit extends
only to governmental acts (jure imperii) and does
not cover private, commercial and proprietary
act (jure gestiones). The restrictive application
of State immunity is proper only when
the proceedings arise out of commercial
transaction of the foreign sovereign, its
commercial activities or economic affairs. Stated
differently, a State may be said to have
descended to the level of an individual and can
thus be deemed to have tacitly given its consent
to be sued only when it enters into business
contracts. It does not apply where the contracts
relate to the exercise of its sovereign function.
Thus, where the questioned transaction dealt
with the improvements on the wharves in the
naval station at Subic Bay, the projects are an
integral part of the naval base which is devoted
to the defense of both the US and the
Philippines, indisputably a function of
government of the highest order; they are not
utilized for, nor dedicated to commercial or
business purposes. (USA vs. Ruiz, 136 SCRA 487
and DA vs. NLRC, 227 SCRA 693)
22. Who are covered by the Doctrine of
State Immunity? State its rationale.
ANSWER: A state enjoys immunity from the
exercise of jurisdiction (legislative, executive,
judicial) by another state, unless it has given
consent, waived its immunity, or voluntarily
submitted to the jurisdiction of the court
concerned. Also, the state’s immunity extends to
the Head of State, who is the personification of
the state, and to diplomatic representatives, in
order to uphold their dignity as representatives
of their respective states and to allow them free
 7
and unhampered exercise of their functions.
Likewise, under Article 105 of the UN
Charter, the United Nations, its Organs,
Specialized Agencies and other International
organizations and its 5)Officers shall enjoy
privileges and immunities 6) as are necessary for
the independent exercise of their functions.
Rationale: to secure them legal and practical
independence in fulfilling their duties (Lasco vs.
UN revolving Fund for 7) Natural Resources
Exploration, 241 SCRA 681) and to shield the
affairs of international organizations, in
accordance with international practice, from
political pressure or control by the host country,
and to ensure the unhampered performance of
their functions. (International Catholic
Migration vs. Calleja, 190 SCRA 130)
Jurisdiction of States
23. What is jurisdiction?
ANSWER: It is the power or authority exercised
by a State over persons, land, property,
transactions and events within or sometimes
outside its territory, subject to certain
exceptions. It may be classified as either 10
personal or 2) territorial. Personal jurisdiction is
a power exercised by a State over its nationals
while in territorial jurisdiction, a State has
jurisdiction over all persons and properties
within its territory
24. What are the bases of jurisdiction?
ANSWER: 1) Territoriality Principle – the basis
for the exercise of jurisdiction by a State over all
persons, property, transaction and occurrences
within its territory, as well as over certain
consequences produced within the territory by
persons acting outside it. It may either be
subjective, i.e., jurisdiction to prosecute and
punish a crime commenced within the State but
completed or consummated abroad, or
objective, i.e., jurisdiction to prosecute and
punish a crime commenced outside the State but
consummated within its territory.
2) Nationality principle – A State may punish
the offenses committed by its nationals
anywhere in the world.
3) Protective Principle – States may claim
extraterritorial jurisdiction to punish crime
committed abroad which are prejudicial to
their national security or vital interests, even
where the offenses are perpetrated by non-
nationals.
4) Universality Principle – a State has
extraterritorial jurisdiction over all crimes
regardless of where they are committed or
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who committed them, whether national or
non-nationals, particularly with respect to
crimes which threaten the international
community as a whole and which are
considered criminal offense in all countries.
Passive Personality Principle – a State may apply
criminal law to an act committed outside its
territory by a person not its national where the
victim of the act was its national.
Act of State Doctrine
25. What is the so-called Act of State
Doctrine?
ANSWER: A doctrine emanating from the right
of equality among nations which means that a
State cannot, in anyway, question the validity of
the official acts of another state insofar as these
acts are performed within the sphere of the
latter State’s own jurisdiction and not contrary
to accepted rules of public international law. The
act of state doctrine is one of the methods by
which States prevents their national courts from
deciding disputes which relate to the internal
affairs of another State, the other two being
immunity and non-justiciability. It is an
avoidance technique that is directly related to
the State's obligation to respect the
independence and equality of other States by not
requiring them to submit to adjudication in a
national court or to settlement of their disputes
without their consent. It requires the forum
court to exercise restraint in the adjudication of
disputes relating to legislative or other
governmental acts which a foreign State has
performed within its territorial limits. The
parameters of the use of the act of state doctrine
were clarified in Banco Nacional de Cuba vs.
Sabbatino (378 U.S. 398; 84 S.Ct. 293) There, the
U.S. Supreme Court held that international law
does not require the application o f this
doctrine nor does it forbids the application
of the rule even if it claimed that the act of
state in question violated international law.
Moreover, due to the doctrine’s peculiar nation-
to-nation character, in practice the usual
method for an individual to seek relief is to
exhaust local remedies and then refer to the
executive authorities of his own state to
persuade them to champion his claim in
diplomacy or before an international tribunal.
(PCGG vs. Sandiganbayan, 530 SCRA 13)
25. Are officers of the Asian Development
Bank, including experts and consultants
performing mission for the Bank, entitled to
immunity from legal process?
 8
ANSWER: YES. But the immunity granted to
officers and staff of the ADB is not absolute. It is
limited to acts performed in an official capacity,
except when the Bank waives the immunity.
The immunity cannot cover the commission of
a crime such as slander or oral defamation in the
name of official duty. Officials of international
organizations enjoy “functional” immunity,
that is, only those necessary for the exercise of
their functions of the organization and the
fulfilment of its purposes. In other words, the
officials and employees of the ADB are subject to
the jurisdiction of the local courts for their
private acts, notwithstanding the absence of a
waiver of immunity. (Liang vs. People, 355 SCRA
125)
Treaties
27. May a treaty or conventional rule
qualify as a norm of jus cogens
character?
ANSWER: NO. A treaty or conventional rule
may not qualify as a jus cogens because such
norm is binding on all states, whereas a treaty
rule binds only the states that are parties to it
and even in the event that all states are parties
to a treaty, they are entitled to terminate or
withdraw from the treaty. A jus cogens norm is
characterized as a norm of general international
law which by its nature is binding on every state.
28. May a treaty violate international
law?
ANSWER: Yes, a treaty may violate
international law if it conflicts with peremptory
norm or jus cogens of international law. Jus
cogens norm is defined as a norm of general
international law accepted and recognized by
the international community as a whole “as a
norm from which no derogation is permitted
and which can be modified only by a subsequent
norm of general international law having the
same character.” Article 53 of the Vienna
Convention on the Law of Treaties provides that
a treaty is void if at the time of its conclusion, it
conflicts with jus cogens norm. Article 54 of the
same Convention, if a new peremptory norm of
general international law emerges, any existing
treaty which is in conflict with that norm
becomes voids and terminates.
29. Can a treaty or international
agreement be invalidated by
Philippine courts or amended by
subsequent law?
ANSWER: YES. The Constitution of the
Philippines has clearly settled that an
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international agreement may be invalidated by
Philippine Courts. Sec.2 of Article VIII thereof
provides that the Supreme Court may not be
deprived of its jurisdiction to review, revise,
reverse, modify or affirm on appeal, certiorari or
writ of error as the law or the rules of court may
provide, final judgments and decrees of inferior
courts in all cases in which the constitutionality
or validity of any treaty, law or ordinance or
executive order or regulation is in question. In
other words, the Court authorizes the
nullification of a treaty, not only when it
conflicts with the fundamental law, but, also,
when it runs counter to an act of Congress.
Also, the provisions of a treaty are always subject
to qualification or amendment by a subsequent
law, or that it is subject to the police power of
the State. (Lim vs. Macapagal-Arroyo, GR No.
151445, April 11, 2002)
30. May a state party to a treaty by
unilateral act declare it terminated, or
withdraw from it?
ANSWER: NO. Even on grounds provided for by
the Vienna Convention on the Law of Treaties,
either of these cannot be done unilaterally. This
Convention requires a procedure, beginning
with notification to the other parties to the
treaty as to the measure it proposes to take. If no
party has raised any objection, the proponent
state may carry out the measure it has proposed
by a formal instrument signed by the Head of
State or of Government and the same is
communicated to the other parties.
31. Assuming that the other country-
party to a treaty is agreeable to the
termination of such treaty, can the
President alone without the
concurrence of the Senate abrogate
the same? Can such termination be
subject to judicial review?
ANSWER: YES. The authority of the Senate
over treaties is limited to concurrence. The
Constitution is silent as to the participation of
the Senate in the abrogation of a treaty. There
being no express constitutional provision
regulating the termination of treaties, it is
presumed that the power of the President over
treaty agreements and over foreign relations
includes the authority to terminate treaties. The
termination of a treaty by the President without
the concurrence of the Senate is not subject to
constitutional attack, there being no Senate
authority to that effect. Moreover, the
jurisdiction of the courts over a treaty is only
with respect to questions of its constitutionality
or validity. The question should involve the
 9
constitutionality of a treaty or its validity in
relation to a statute. It does not pertain to the
termination of a treaty.
32. (a) Distinguish signing of a treaty
from its ratification.
(b) Does mandamus lie to compel
the Office of the Executive
Secretary and Department of
Foreign Affairs to transmit the
signed text of a treaty (Rome
Statute) to the Senate of the
Philippines for ratification?
ANSWERS:
(a) The signing of a treaty and ratification are
two separate and distinct steps in the treating-
making process- the signature is primarily
intended as a means of authenticating the
instrument and the symbol of the good faith of
the parties, usually performed by the state’s
authorized representatives, while ratification is
the formal act by which a state confirms and
accepts the provisions of a treaty concluded by
its representatives, and sis generally held to be
an executive act undertaken by the head of state
or of the government. Under the Constitution,
the power to ratify is vested in the President,
subject to the concurrence of the Senate. The
role of the Senate, however, is limited only to
giving or withholding concurrence its consent,
or concurrence, to its ratification.
(b) NO. The Philippines is not bound under
treaty law and international law to ratify a treaty
which it has signed – it is the ratification that
binds the state to the provisions thereof. There is
no legal obligation to ratify a treaty, but the
refusal must be based on substantial grounds
and not on superficial or whimsical reasons. The
President has the discretion even after the
signing of the treaty by the Philippine
representative whether or not to ratify the same.
It is within the authority of the President to
refuse to submit a treaty to the Senate or, having
secured its consent for its ratification, refuse to
ratify it. (Pimentel vs. Office of Executive
Secretary, 462 SCRA 622)
33. May a non-signatory State become a
party to a treaty?
ANSWER: YES. A non-signatory State may
become a party to a treaty through the process
of “adhesion.” Thus, upon invitation or
permission of the contracting parties, a third
party who did not participate or who did not
ratify on time, may be bound by a treaty. Other
States my also be bound by the terms of a treaty
if linked by the most favored nation clause,
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under which a contracting State entitled to the
clause may claim the benefits extended by the
latter to another State in a separate agreement.
Also, if the treaty is merely a formal expression
of customary international law, or where the
treaty expressly extends benefits to non-
signatory States, States not originally parties to
the agreement may become bound.
34. Does Mandamus lie to compel the
enforcement of the View of the
Committee, which found the
allegations falling under Article 14,
paragraph 1,2,3, and 6 of the ICCPR
inadmissible?
ANSWER: NO. Treaties become part of the law
of the land through transformation pursuant to
Article VII, Section 21 of the Constitution. Thus,
treaties or conventional international law must
go through a process prescribed by the
Constitution for it to be transformed into
municipal law that can be applied to domestic
conflicts. There must be an act more than
ratification to make a treaty applicable in our
jurisdiction. To be sure, what was ratified were
the ICCPR and the Optional Protocol, nowhere
in the instrument does it say that the View of the
Committee forms part of the treaty. (Wilson v.
Executive Secretary Ermita, G.R. No. 189220,
Decamber 7, 2016)
35. Explain the concepts of Pacta Sunt
Servanda, Rebus Sic Stantibus & Most
Favored Nation Clause.
ANSWER: 1) Pacta Sunt Servanda - treaties must
be performed in good faith.
2) Ribus Sic Stantibus – (things remaining as
they are) a party to a treaty is discharged
in the event a change of circumstances
occurs which renders the fulfilment of
the treaty grossly unjust, oppressive and
iniquitous.
3) Most favored nation clause – a clause in
the treaty that grants to the other party
equal treatment (not less favourable)
that has been granted or may be granted
to the most favored other country.
State Responsibility
36. What is the Doctrine of State
Responsibility?
ANSWER: a State is under obligation to make
reparations to another State for the failure to
fulfil its primary obligation to afford, in
accordance with International Law, the
protection due to the alien national of the
 10
latter
State. The State may, therefore, be held liable for
injuries and damages sustained by the alien
while in the territory of the state if 1) the act or
omission constitutes an international
delinquency; 2) the act or omission is directly or
indirectly imputable to the state (Direct State
Responsibility or Indirect State Responsibility)
and 3) the injury is to the claimant State
because of damage to its national.
37. How may an alien’s claims for
damages be enforced?
ANSWER: An aliens claims for damages mat be
enforced through 1) exhaustion of local
remedies, if any; and 2) resort to diplomatic
protection or assistance of his State. Claims may
be enforced through the following modes:
negotiation, good offices, arbitration or judicial
settlement.
38. Who may be considered as refugees?
What is the Principle of Non-refoulement?
ANSWERS: A refugee is any person who is
outside the country of his nationality, or if he
has no nationality, the country of his former
habitual residence, because he has or had well-
founded fear of prosecution by reason of his
race, religion, nationality or political opinion
and is unable or, because of such fear, is
unwilling to avail himself of the protection of
government of the country of his nationality, or
if he has no nationality, to return to the country
of his former habitual residence. The elements of
being a refugee are 1) outside the country of his
nationality, or if stateless, outside the country of
his habitual residence; 2) lacks national
protection; and 3) fears persecution.
Under the Refugee Convention of 1951,
the Principle of Non-refoulement postulates that
no contracting State shall expel or return a
refugee in any manner whatsoever, to the
frontiers of territories where his life or freedom
is threatened. The State is under obligation to
grant temporary asylum to refugees.
Extradition & Deportation
39. What is the difference if any between
extradition and deportation?
ANSWER: The following are the differences
between extradition and deportation:
1) According to purpose, extradition is effected
for the benefit of the state to which the person
being extradited will be surrendered because he
is a fugitive criminal in that state, while
deportation is effected for the protection of the
state expelling an alien because his presence is
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not conducive to the public good.
2) According to basis, extradition is effected on
the basis of an extradition treaty or upon the
request of another state, while deportation is the
unilateral act of the state expelling an alien.
3) According to its effect upon the alien, in
extradition, the alien will be surrendered to the
state asking for his extradition, while in
deportation, the undesirable alien may be sent
to any state willing to accept him.
40. What is the principle of double
criminality? What is the purpose of the
principle?
ANSWER: Under the principle of double
criminality, extradition is available only when
the act is an offense in the two countries
involved in extradition. The principle of double
criminality is satisfied even if the act was
not punishable in the requested state at the time
of its occurrence if it was criminal at the time
the request was made.
The purpose of the principle of double
criminality is to ensure each state that it can rely
on reciprocal treatment and that no state will
use its processes to surrender a person for
contract which it does not characterize as
criminal.
41. State A and State B entered into an
extradition treaty, which provided that
extradition may be granted irrespective of
the date when the offense was committed.
State A asked that the accused be extradited
for swindling and perjury committed before
the treaty took effect. Accused argued that
his extradition for offenses committed
before the effectivity of the extradition
treaty violates the prohibition against ex
post facto laws. Is the contention of the
accused legally tenable?
ANSWER: NO. The prohibition against ex post
facto law applies to penal laws only. The
extradition treaty is not a criminal statute.
(Wright vs. CA, 235 SCRA 341)
42. Discuss the procedure for
extradition.
ANSWER: Upon receipt of the petition for
extradition and its supporting documents, the
judge must study them and make, as soon as
possible, a prima facie finding whether (a) they
are sufficient in form and in substance, (b) they
comply with the Extradition Treaty and Law, and
 11
(c) the person sought is extraditable. At his
discretion, the judge may require the submission
of further documentation, or may personally
examine the affiants and witnesses of the
petitioner. If, in spite of this study and
examination, the petition may be dismissed at
the discretion of the judge.
On the other hand, if the presence of
prima facie case is determined, then the
magistrate must immediately issue a warrant for
the arrest of the extradite, who is at the same
time summoned to answer the petition and
to appear at scheduled summary hearings.
Prior to the issuance of the warrant, the judge
must not inform or notify the potential extradite
of the pendency of the petition, lest the latter be
given the opportunity to escape and frustrate the
proceedings.
After a potential extradite has been
arrested or placed under the custody of the law,
bail may be applied for and granted as an
exception, only upon a clear and convincing
showing (1) that, once granted bail, the applicant
will not be a flight risk or a danger to the
community and (2) that there exist special,
humanitarian or compelling circumstances
including, as a matter of reciprocity, those cited
by the highest court in the requesting state when
it grants provisional liberty in extradition cases
therein. (Government of the United States of
America vs. Hon. Purganan, GR No. 148571,
September 44, 2002)
43. Is the right to due process guaranteed
in extradition proceedings?
ANSWER: YES. Potential extraditees are entitled
to the rights of due process and to fundamental
fairness. Due process does not always call for a
prior opportunity to be heard. A subsequent
opportunity is sufficient due to the flight risk
involved. Indeed, available during the hearings
on the petition and the answer is the full chance
to be heard and to enjoy fundamental fairness
that is compatible with the summary nature of
extradition. (Government of the United States of
America vs. Hon. Purganan, GR No. 148571,
September 44, 2002)
Right to Bail and Due Process in Extradition
Proceedings
44. Is the constitutional provision on the
right to bail under Section 14 of the
Constitution as well as Section 114 of
the Rules of Court applicable to
extradition cases? Is the right to due
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process available to potential
extraditees?
ANSWER: In Government of the United States of
America vs. Hon. Purganan, GR No. 148571,
September 44, 2002, it was held that the said
provisions apply only when a person has been
arrested and detained for violation of Philippine
criminal laws. It does not apply to extradition
proceedings because extradition courts do not
render judgments of conviction or acquittal.
Extradition proceedings are separate and distinct
from the trial for the offenses for which the
respondent is charged. He should apply for bail
before the courts trying the criminal cases
against him, not before the extradition court.
NEW RULING: However, in Government
of Hongkong Special Administrative Region vs.
Judge Olalia, GR 153675, April 19, 2007, the
Supreme Court ruled that a potential extraditee
may be granted bail on the basis of clear and
convincing evidence that the person is not a
flight risk and will abide with all the orders and
processes of the extradition court. While our
extradition law does not provide for the grant of
bail to an extradite, there is no provision
prohibiting him or her filing a motion for bail, a
right guaranteed not only by the Constitution,
but also by international convention, to which
the Philippines is a party. The Philippines, being
a signatory to the 1996 UN General Assembly
which adopted the International Convention on
Civil and Political Rights, is under obligation to
make available to every person under detention
such remedies which safeguard their
fundamental rights to liberty. If bail can be
granted in deportation cases, there is no
justification why it should not also be allowed in
extradition cases. Likewise, considering that the
Universal Declaration of Human Rights applies
to deportation cases, there is no reason why it
cannot be invoked in extradition cases. After all,
both are administrative proceedings where the
innocence or guilt of the person detained is not
an issue.
45. If there is no extradition treaty
between the state of refuge and the
state seeking the fugitive’s return,
how may the latter acquire
jurisdiction over him? Explain.
ANSWER: The state may still secure his
surrender, but not as a matter of right. In the
interest of international comity or courtesy, the
state of refuge may accede to the former’s
request and surrender the fugitive to it.
 12
46. Does the crime of accepting an
advantage as an agent (private
individual) comply with the double
criminality rule in an extradition
treaty?
ANSWER: NO. Under the double criminality
rule, the extraditable offense must be criminal
under the laws of both the requesting and the
requested state. Considering that the
transactions were entered into by and in behalf
of the Central Bank of the Philippines, and
instrumentality of the Philippine Government,
Munoz should be charged for the offenses not as
a regular agent or one representing a private
entity but as a public servant or employee of the
Philippine Government. Yet, because the offense
of accepting an advantage as an agent charged
against him in the HKSAR is one that deals with
private sector bribery, the conditions for the
application of the double criminality rule are
obvioudly not met. Accordingly, the crime of
accepting an advantage as an agent must be
dropped from the request for extradition.
(Government of Hong Kong Special
Administrative Region v. Munoz, G.R. No. 207342,
August 16, 2016)
International Human Rights
47. What are human rights in
international relations? How may human
rights be classified?
ANSWERS: International human rights are
liberties or freedoms, immunities and benefits
accepted as guaranteed rights and giving rise to
obligations under international law. Under the
United Nations Charter, the international
community of States has recognized the general
obligation on “universal respect for, and
observance of, human rights and fundamental
freedoms for all without distinction as to race,
sex, language, or religion.” Human rights may
either be individual rights or collective or
national rights. They may also be classified into
first generation of human rights, ie, civil and
political rights, second generation, ie, economic,
social and cultural rights, or third generation, ie,
right to peace, healthy environment and the
right to development.
48. What is the “International Bill of Human
Rights”? Does international protection of
human rights entail criminal liability?
ANSWERS: “International Bill of Human Rights”
is the designation used to refer to three
instruments of the international protection of
human rights, taken together, namely: (1) the
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Universal Declaration of Human Rights based on
the human rights provisions of the UN Charter,
(2) the International Covenant of Civil and
Political Rights, and (3) the International
Covenant on Economic, Social and Cultural
Rights.
YES. Certain categories of acts of violation of
human rights, such as genocide, war crimes and
crimes against humanity within the jurisdiction
of the International Criminal Court (ICC) are
characterized as grave offenses under
international law and are defined as crimes.
They entail criminal liability on the part of the
individual perpetrator.
49. Under international law, may a State
derogate from the obligations in treaties
for the protection of human rights? Does
such derogation apply to all human
rights?
ANSWERS: YES. Article 4(1) or the Derogation
Clause of the International Covenant on Civil
and Political Rights, provides that in time of
public emergency which threatens the life of the
nation, and the existence of which is officially
proclaimed, the State Parties to the present
covenant may take measures derogating from
their obligations under the present Covenant to
the extent strictly required by the exigencies of
the situation, provided such measures are not
inconsistent with their obligations under
international law and do not involve
discrimination solely on the ground of race,
color, sex, language, religion or social origin.
NO. The Derogation Clause does not
apply to the following human rights (1) right to
life; (2) right not to be subjected to torture or to
cruel, inhuman or degrading treatment or
punishment; (3) right not to be held in slavery or
in servitude; (4) right to be imprisoned merely
on ground of inability to fulfil a contractual
obligation; (5) the right not to be held guilty
under ex post facto law; (6) right to be
recognized everywhere as a person before the
law; and (7) right to freedom of thought,
conscience and religion. These are non-
derogable rights.
50. What is International Humanitarian
Law?
ANSWER: It is a branch of public international
law which governs armed conflicts to the end
that the use of violence is limited and that
human suffering is mitigated or reduced by
regulating or limiting the means of military
operation and by protecting persons who do not
 13
or no longer participate in hostilities. It is also
known as the law of armed conflict or the law of
war.
51. What does armed conflict not cover?
ANSWER: It does not include international
disturbances or tensions such as riots; isolated
and sporadic acts of violence or other acts of
similar nature.
52. What are the fundamental principles
of IHL?
ANSWER: 1) Parties to armed conflict are
prohibited from employing weapons or means of
warfare that cause unnecessary damage or
excessive sufferings. 2) Parties to armed conflict
shall distinguish between civilian populace from
combatants and spare the former from military
attacks. 3) Persons hors de combat and those
who do not take part in hostilities shall be
protected and treated humanely without any
distinction. 4) It is prohibited to kill or injure an
enemy who surrenders or who is a hors de
combat. 5) The wounded and the sick shall be
protected and cared for by the party who is in
custody of them 6)Parties who captured
civilians and combatants shall respect their
rights to life, dignity, and other personal rights.
53. What is the Martens Clause?
ANSWER: In cases not covered by international
agreements, civilians and combatants remain
under the protection and authority of the
principles of international law derived from
established custom, from the principles of
humanity and from the dictates of public
conscience.
Law of the Sea
54. What are the four conventions
adopted by the UN Conference on the Law of
the Sea?
ANSWER: The four conventions adopted by the
UN Conference on the Law of the Sea are:
1. Convention on the High seas (1962)
2. Convention on the Continental Shelf
(1964)
3. Convention on the Territorial Sea
and Contiguous Zone (1964)
(9)
4. Convention on Fishing and
Conservation of Living resources of
the High Seas (1966)
Only the Convention on the High Seas is
“generally declaratory of established principles
of international law; but the other three provide
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evidence of the generally accepted rules bearing
on the subject matter, the cogency of this
depending in part on the number of ratification.
55. a) What do you understand by the
Archipelago Doctrine?
b) How does the Doctrine, as embodied
in Article I of the Philippine
Constitution, differ from the version
of the 1982 UN Convention on the
Law of the Sea?
ANSWERS:
a) The archipelagic doctrine emphasizes the
unity of the land and waters by defining
an archipelago either as a group of
islands and islets or body of waters
studded with islands. For this purpose, it
requires that baselines be drawn by
connecting the appropriate points of the
outermost islands to encircle the islands
within the archipelago. The waters on the
landward side of the baselines regardless
of breadth or dimension are considered
merely internal waters.
b) Article I of the Philippine Constitution
treats the vast areas of water between
islands as internal waters and therefore
not subject to the right of innocent
passage. The 1982 UNCLOS version calls
such areas “archipelagic waters” and are
subject to the right of innocent passage
through passages designated by the
archipelago concerned. But, where the
establishment of a straight baseline in
accordance with Article 4 of the
UNCLOS has the effect of enclosing as
internal waters areas which previously
had been considered as part of the
territorial sea or of the high seas (referred
to as archipelagic waters), the right of
innocent passage shall exist in those
waters, through passages designated by
the archipelago concerned.
56. What is a baseline? The straight
baseline method?
ANSWERS: It is a line from which the breadth of
the territorial sea, the contiguous zone and the
exclusive economic zone is measured in order to
determine the maritime boundary of the coastal
state.
The straight baseline method is used by
the Philippines in drawing its baseline from
which the breadth of the territorial sea is
 14
measured. This is done by joining the
appropriate points through straight lines. This
method is applied in cases where the coastline is
deeply indented and cut into, or if there is a
fringe of islands along the coast in its immediate
vicinity.
57. What is the right of innocent
passage?
ANSWER: It is the navigation through the
territorial sea for the purpose either of traversing
the sea without entering the internal waters, or
of proceeding to internal waters, or of making
for the high seas from internal water. It includes
stopping and anchoring, but only in so far as the
same are incidental to ordinary navigation or are
rendered necessary by force majeure or by
distress. Passage is innocent as long as it is not
prejudicial to the peace, good order or security
of the coastal state. Submarines are required to
navigate on the surface and to show their flag.
Foreign fishing vessels must observe duly
published rules and regulations of the coastal
state and rules of international law relating to
transport and navigation. The coastal state can
prevent these vessels from fishing in the
territorial sea.
58. What is transit passage?
ANSWER: It is the right to exercise freedom of
navigation and overflight solely for the purpose
of continuous and expeditious transit through
the straits used for international navigation, i.e.,
between two areas of the high seas or between
two exclusive economic zones. All ships and
aircraft enjoy the right to transit passage.
59. What is a continental shelf?
ANSWER; It comprises the seabed and subsoil of
the submarine areas that extend beyond its
territorial sea throughout the natural
prolongation of its land territory to the outer
edge of the continental margin or to a distance
of 200 nautical miles beyond the baseline from
which the breadth of the territorial sea is
measured if the edge of the continental margin
does not extend up that that distance. However,
if the coastal state succeeds in its application for
an extended continental shelf, it may extend to
not more than 350 nautical miles. A coastal
state has the inherent right to explore its
continental shelf that constitute a natural
prolongation of its land territory and under the
sea by virtue of its sovereignty over the land, and
as an extension of it in an exercise of sovereign
rights for thee purpose of exploring the seabed
and exploring its natural resources.
Furthermore, a coastal state shall have the
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exclusive right to authorize and regulate
drillings on the continental shelf.
60. Distinguish the territorial sea from
the internal waters of the Philippines.
ANSWER: Territorial sea is an adjacent belt of
sea with a breadth of twelve nautical miles
measured from the baselines of a state and over
which a state has sovereignty (Articles 2 and 3 of
the Convention on the Law of the Sea) Ships
of all states enjoy the right of innocent passage
through the territorial sea. (Article 14 of the
Convention on the Law of the Sea) Internal
waters, on the other hand, are the waters on the
landward side of baselines from which the
breadth of the territorial sea is calculated. The
internal waters of the Philippines consist of the
waters around, between and connecting the
islands of the Philippine Archipelago, regardless
of their breadth and dimensions, including the
waters in bays, rivers and lakes. (Section 1,
Article I, Philippine Constitution)) No right of
innocent passage for foreign vessels exists in the
case of internal waters.
61. What is the contiguous zone?
ANSWER: Contiguous zone is a zone
contiguous to the territorial sea and extends up
to twelve (12) nautical miles from the territorial
sea and over which the coastal state may exercise
control necessary to prevent infringement of its
customs, fiscal immigration or sanitary laws and
regulations within its territory or territorial sea.
(Article 33 of the Convention on the Law of the
Sea)
62. What is the Exclusive Economic
Zone?
ANSWER: The exclusive economic zone is a
marine area, which lies between the territorial
sea and the High Seas, that includes the
subjacent sea-bed, the subsoil beyond and
adjacent to the territorial sea, extending up to
200 nautical miles from the baseline of the
territorial sea of a state. It gives the coastal state
sovereign rights overall economic resources of
the sea, seabed and subsoil . Sovereign rights
(not of sovereignty) are the rights which fall
short of absolute sovereignty because in the EEZ,
all States, whether coastal or land-locked,
generally enjoy freedom of navigation and
overflight and of the laying of submarine cables
and pipelines and “other internationally lawful
uses of the sea related to this freedoms.”
63. What are the rights of the coastal
state in the Exclusive economic Zone?
ANSWER: A) Sovereign rights:
 15
1) for the purpose of exploring and exploiting,
conserving and managing the living and non-
ling resources in the super adjacent waters of the
seabed and the resources of the seabed and
subsoil
2) with respect to the other activities for the
economic exploitation an exploration of the EEZ,
such as production of energy from water
currents and winds
B) Jurisdictional rights:
1) with respect to establishment and use of
artificial islands
2) as to protection and preservation of the
marine environment and
3) over marine scientific research.
C) Other rights and duties provided for in the
Law of the Sea Convention.
64. What is the High Seas? What
freedoms in the High Seas are
accorded to all States? Can a warship
board a foreign ship on the High
Seas?
ANSWER: It is the sea beyond the jurisdiction of
any coastal State. It starts from the outer edge of
the territorial sea or the outer edge of the EEZ, if
the coastal State is entitled to an EEZ under the
Convention. If the sea is not included in the EEZ,
nor in the territorial sea, or in the internal
waters of a State, or the archipelagic waters of an
archipelagic State- then its belongs to the High
Seas.
The High Seas is open to all States
whether coastal or land-locked and all States are
accorded the following freedoms in the High
Seas: freedom from navigation; freedom of
overflight; freedom to lay submarine cables and
pipelines; freedom to construct artificial islands
and other installations; freedom from fishing
and freedom of scientific research.
No State may subject any part of the
High Seas to its sovereignty. A warship which
encounters on the High Seas a foreign ship, is
not justified in boarding unless there is
reasonable ground for suspecting that the ship is
engaged in piracy, in the slave trade, in
unauthorized broadcasting and the flag State of
the warship has jurisdiction, the ship is without
nationality or flying a foreign flag or refusing to
show its flag. Warships on the High Seas and
ships used by a government in non-commercial
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service are accorded immunity from the
jurisdiction of any State other than the flag
State.
65. How are disputes resolved under the
UNCLOS?
ANSWER: Parties who are signatories to the
UNCLOS are obligated to resolve their disputes
involving the interpretation or application of the
terms of the Convention by peaceful means and
to seek solutions in accordance with Section 33,
paragraph 1 of the UN Charter, or the parties
may adopt the dispute resolution mechanism it
has agreed to apply by virtue of a general,
regional or bilateral agreement. If bilateral
settlement fails, the dispute must be submitted
for compulsory procedure to any of the following
tribunals, the decision of which shall be binding
on the parties. These are: The International
Tribunal for the Law of the Seas, the
International Court of Justice, an arbitration
tribunal or a special arbitration tribunal.
66. What is international environmental
law?
ANSWER: It is a branch of public international
law comprising “those substantive, procedural
and institutional rules which have as their
primary objective the protection of the
environment,” the term environment being
understood as encompassing “both the features
and the products of the natural world and those
of human civilization.
67. What is Principle 21 of the Stockholm
Declaration?
ANSWER: This declares that States have the
sovereign right to exploit their own resources
pursuant to their own environmental policies,
and the responsibility to ensure that activities
within their jurisdiction or control do not cause
damage to the environment of other States or
areas beyond the limits of national jurisdiction.
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