Professional Documents
Culture Documents
Pil Reviewer1
Pil Reviewer1
March 16 to March 21: Chapter 10 on Immunity from Jurisdiction to Chapter 11 on State Responsibility
1.) private servant who is either a national or a - Not concerned with political matters.
permanent resident of the RS; and - Attend only to the administrative and economic
2.) not covered by the social security provision in issues.
the SS or a third state - Head of consular post must first be authorized by
j.) Tax exemption of diplomatic agents. (Art. 34) - RS via an exequatur.
Exceptions: - RS may at any time and without explanation
1.) indirect taxes incorporated in price of goods or notify the SS that a consular officer is a persona
services non grata or a staff member is unacceptable. - SS
2.) dues and taxes on private immovable property can only recall or terminate his functions with the
in RS (unless on behalf of SS, for mission purpose) consular post.
3.) estate, inheritance, succession duties - RS has duty to protect the consular premises,
4.) private income from within RS archives and interests of the SS and ensure the
5.) charges levied for services rendered unimpeded functioning of the consular offices.
6.) registration, court or record fees, mortgage dues
and stamp duty on immovable property * Article V. Consular Functions:
k.) Free entry of articles for official use of the a.) protect the interest of the SS and of its nationals
mission and for the personal use of the diplomatic in the RS
agent or his family. (Art. 36) b.) further development of economic, commercial,
- Exception: cultural and scientific relations and promote
friendly relations between RS and SS
1.) personal baggage of the diplomatic agent may c.) report on development and condition of RS
be inspected in his/duly authorized representative’s d.) issue passports and travel documents to
presence if there is serious ground to presume that nationals of SS and visa and appropriate documents
it contains articles not exempted, or prohibited by for those who wish to travel to SS
import or export laws or quarantine regulations e.) assist nationals
f.) act as notary and civil registrar and perform
l.) Extension of immunity to family of diplomatic administrative functions
agent under Art. 29-36; immunity of members of g.) safeguard interests of nationals in cases of
administrative and technical staff and their families succession mortis causa in RS
under Art. 29-35; immunity of service staff for h.) safeguard interest of nationals who are minors
official acts and tax exemption under Art. 33; and or lack full capacity
tax exemption of private servant for emoluments i.) represent or arrange representation for nationals
due to employment. (Art. 37) before the tribunals or other authorities of the RS
- Exception: j.) transmit judicial and extrajudicial documents or
1.) nationals of RS executing letters to take evidence for the courts of
2.) permanent resident of RS (not for family of the SS
diplomatic agent)
k.) exercise supervision and inspection over vessels
m.) Immunities of a diplomatic agent who is a under SS flag, aircrafts registered in SS, and their
national or permanent resident of RS is limited to crew
immunity from jurisdiction and inviolability in l.) extend assistance to such vessels and aircrafts
respect to official acts. For others, only such and their crew m.) other functions not prohibited by
privileges and immunities that the RS may allow. laws of RS
(Art. 38)
n.) Privileges and immunities begin from entry into * Rights and Privileges of the consular mission:
RS, or if already there, from notification of
appointment to Ministry of Foreign Affairs of the a.) Freedom of movement (Art. 34)
RS. They cease upon leaving the RS, or on b.) Freedom of communication (Art. 35)
reasonable period, but shall subsist even in armed c.) Communication and contact with nationals of
conflict. (Art. 39) the SS (Art. 36)
d.) Personal inviolability of consular officers from
arrest or detention (Art. 41)
- Exceptions:
1.) grave crime; and
2.) pursuant to a decision by a competent judicial Standard for the Protection of Aliens
authority
Under the Roman Law:
e.) Notification of arrest, detention or prosecution
(Art. 42) 1. Jus gentium – applicable to both citizens and
f.) Immunity from jurisdiction for official acts. aliens 2
(Art. 43) 2. Jus civile – applicable only to Roman citizens
- Exceptions:
1.) civil actions arising from contract not entered In modern times
into in official capacity; 1. National treatment or Equality of treatment –
2.) civil action by a 3rd party for damage arising aliens are treated in the same manner as nationals
from an accident in the RS cause by a vehicle,
vessel or aircraft Bright side: aliens would enjoy the same benefits
g.) Liability to give evidence; a consular employee as local nationals
can’t refuse while a consular officer may refuse Dark side: if the State is tyrannical and its
without threat of coercive measure or penalty. (Art. municipal laws are harsh and violative of human
44) rights, then aliens would likewise be subject to such
h.) Waiver of privilege and immunity under Art. laws
41, 43, and 44 by SS (Art. 45) 2. Minimum International Standard – however
harsh the municipal laws might be, aliens should be
The Act of State Doctrine protected by certain minimum standards of humane
protection
Underhill v. Hernandez
―act of state doctrine‖: a.) Every sovereign state is DOCTRINE OF STATE RESPONSIBILITY
bound to respect the independence of every other
sovereign state, and the courts of one county will When an injury has been inflicted, there is need
not sit in judgment on the acts of the government of to determine whether the State can be held
another, done within its own territory. responsible for it
b.) Redress of grievances due to such acts must be
obtained through the means open to be availed of Internationally wrongful act – committed when a
by sovereign powers as between themselves. State violates a customary rule of international law
or a treaty obligation
CHAPTER 11
INTERNATIONALLY WRONGFUL ACT No
STATE RESPONSIBILITY State can escape this responsibility when once it
has committed an act which satisfies the
PROTECTION OF ALIENS requirements of an internationally wrongful act
No State is obliged to admit aliens into its Elements:
territory unless there is a treaty requiring it
Generally, it is difficult to deny admission to all; Subjective – act must be attributable not to the
Hence, States impose legal standards for admission persons or agencies who performed it, but to the
Once admitted, at least under democratic State itself
regimes, aliens may not be expelled without due Objective – act constitutes a breach of an
process international obligation of the State
Aliens -nationals abroad
States protect aliens within their jurisdiction in What determines the wrongful character of the
the expectation that their own nationals will be act is international law and not internal law
properly treated when residing or sojourning
abroad ATTRIBUTION TO THE STATE
Forms of ill-treatment of foreign nationals: a.
Mistreatment by judicial or police authorities 1. Acts of State Organs
a. Acts of any State organ whether the organ
b. Unlawful expropriation of property exercises legislative, executive, judicial or any
c. Denial of justice or denial of due process of law other functions, whatever position it holds, and
– failure to prosecute those who attack foreign whatever its character
nationals Organ – includes any person or body which has that
status in accordance with the international law of
Diplomatic protection – the instrument used for the State
the protection of aliens b. Conduct of an entity which is not an organ of the
State but which is empowered to exercise elements
Injury to a national abroad = injury to the of governmental authority provided the entity was
individual’s State of nationality acting in that capacity in the case in question
The interest of the State is in the redress of the c. Conduct of an organ placed at the disposal of a
injury to itself and not of the injury to the State by another State acting in the exercise of
individual elements of governmental authority of the State at
Individuals are at the mercy of their own State
whose disposal it had been placed
d. Conduct of a State organ or of an entity
empowered to exercise elements of governmental
authority, such organ or entity having acted in that
capacity, exceeding its authority or contravening
instructions concerning its exercise
Acts of Revolutionaries
PRELIMINARY OBJECTIONS
REPARATION