1.

Introduction to International Law - General Principles

[a] International Law – Definition
According to the book of Public International Law by Isagani Cruz, International Law is a body of
rules which apply between sovereign states and such other entities as have been granted
international personality.
[b] Three (3) Main/Grand Division of International Law
1. Laws of Peace – govern normal relations between States in the absence of war.
2. Laws of War – govern relations between hostile or belligerent states during wartime.
3. Laws of Neutrality – govern relations between a non‐participant State and a participant State
during wartime or among non-participating states.
[c] Three (3) Main Schools of Thoughts of International Law.
According to the book Public International Law by Isagani Cruz, the three main school of thoughts
of International Law are the naturalist, positivist and groatians or eclectics.
Naturalist School of thought- According to exponent Samuel Pufendorf, under this theory, there is
a natural and universal principle of right and wrong, independent of any mutual intercourse or
compact which is suppose to be discovered and recognized by every individual through the use of
his reason and conscience. International Law as thus viewed is therefore not a law between but
above states.
Positivist School of thought- Under this school of thought led by Richard Zouche a more “positive”
identification with or acknowledgement of the law is necessary to make it binding on the states it
purports to govern, so that any state withholding its consent can disclaim any responsibility of
observance. Such content, it is asserted, is expressed in the case of conventional law, implied in the
case of customary law.
Eclectics School of Thought- This theory adheres more closely to the ideas of Hugo Grotius, the
“father of international law”. To affect that the system of international law is based on the dictates
of the “right reason” as well as the “practice of states”. If there is a conflict between the two, the
law of nature was to prevail as being the fundamental law, the authority of which could not be
contravened by the practice of states.
[d] Basis of International Law
1. First is the Natural Theory. According to natural theory the basis of international law is the law
of nature; this is described as a higher law or a rule of human conduct independent of any mutual
intercourse or compact and even of special divine revelation and binding always everywhere in
view of its intrinsic reasonableness. Individuals compose the state, whose will is but the result of the
collective will of its inhabitants, state itself also becomes bound by the law of nature.
2. According to positivist theory, the binding force of international law is derived from the
agreement of sovereign states to be bound by it. Its is not a law of subordination but of
coordination.
3. Under Eclectics or Grotians theory, both the law of nature and consent of states as the basis of
international law.
[e] International Comity
It refers to those rules of courtesy observed by the states in their mutual relations, in that violations
of its precepts are not regarded as constituting grounds for legal claims.
[f] Public International Law vs. Private International Law
Public Private
1. Nature Public is international in nature. It is a law of a sovereign over those subjected to his
sway
AMONG As a rule, Private is national or municipal in character. Except when embodied in a
treaty or convention becomes international in character. It is a law, not above but between,
sovereign states and is therefore a weaker law. WITHIN
2. Settlement of Dispute Disputes are resolved through international modes of settlement like
negotiations and arbitration, reprisals and even war. Recourse is with municipal tribunals through
local administrative and judicial processes.
3. Source Derived from international customs, international conventions and the general
principles of law. Consists mainly from the lawmaking authority of each state.
4. SubjectApplies to relations states inter se and other international persons. Regulates the
relations of individuals whether of the same nationality.
5. Responsibility for violation Infractions are usually collective in the sense that is attaches
directly to the state and not to its nationals. Generally, entails only individual responsibility.

[g] Brief Historical Development of International Law Bernas

It all starts during the Ancient Romans when Jews and Romans, and Syrians and Spartans enter to
a treaty called Jes Gentium also which is seen as a law “common to all men” then became law of the
vast Roman Empire.
During the Medieval Age, Modern International Law began at the birth of nation-states. It was
derived from Roman Law or Canon Law which is actually from Natural Law. Hugo Grotius
became the Father of Modern International Law as he authored De Jure Belli ac Pads called as
“Law of Nations’’ then later called as “International Law” by Jeremy Bentham.
Then the positive approach began when international law was interpreted not on the basis of
concepts derived from reason but rather o the basis of what actually happened in the conflict
between states. The emergence of sovereignty of states came in the view of law of commands and
backed up by threats of sanction if disobeyed. For them, international law is not a law because it
does not came from the command of a sovereign neither treaties nor custom come from a command
of a sovereign.
The MLESTONE IN THE DEVELOPMENT OF INTERNATIONAL LAW
The Peace of Westpahalia, which ended the Thirty Years War and created the treaty for peace
cooperation and the rise of Pacta Sunt Servanda Principle.
Congress of Vienna which ended the Napoleonic Wars and create the system of Multilateral
political Economic Cooperation.
The Covenant of the League of Nations which included the end of World War I
After the World War 1, victors created an institution called the League of Nations consist of 43
states to prevent the recurrence of world conflagration. The League created the Permanent Court
of Justice.
The League of the Nations failed to prevent World War I so the United States in 1945 together with
UK founded an organization called the United Nations to fight against the Axis Power.
Another group was created in the Western States to insist two points; first was legal provisions
must be clear and precise and second substantive rule must be accompanied by implementation of
correct violations.
The Socialist States led by the Soviet Union form a group called a “Socialist Camp” They want to
prevent Western Intrusion in their domestic affairs even they value relations with the West for
their economy but they sought to convert developing nations to their ideology.
On the other part of the world, the third group was created called as the “Developing Countries” It
is compose mainly of former colonies suffering from underdevelopment. It includes the Philippines,
Malaysia, Thailand, Singapore and South Korea.
Then Cold War begins between the fight of two super powers, United State and its allies against the
Soviet Union.
After the dissolution of Soviet Union, Cold War ended. The Russian Federation did not inhereit the
Soviet Union’s position as a super power.
So only United States was powerful during that time it became the world police and also global
mediator.
Socialist countries are no longer united while developing countries continue to fight poverty and
backwardness.
And last, United Nations declined as an international agency for maintenance of peace.
[h] International Law – A True Law?
It depends on what concept you will apply. If it is based in Natural theory, then yes it was a true law
because the binding force depends on universal of what is right and what is wrong and the is the
main point of international to develop what is right and wrong as dictated by human conscience.
Second if it is based on Positivist Theory. No, it is not a true law but it is a mere coordination
enacted by legislative law.
And last, International Law is a both law and coordination as according to Eclectic Theory. If it is
stated in the constitution, is it law
If it is not stated in the constitution then it is a mere coordination.
2. Sources of International Law
A. Article 38, Statute of the International Court of Justice
A. Primary
I. Treaties or International Conventions
-Not every treaty can be considered a direct source of international law as it is not always concluded by
the great body of states.
-Bilateral arrangements concerning matters pf particular or special interest to the contracting parties
-Source of "Particular International Law"
-Even bilateral treaties may become primary sources of international law, if they are of the same nature
contain practically uniform provisions and are concluded by a substantial number of states albeit
separately
-Treaty to be considered a direct source of international law must be concluded by a sizeable
number of states and thus reflect the will or at least the consensus of the family of nations. The
treaty need not to be entered into at the outset by a majority of the states forming the international
community.
-Example of these "lawmaking treaties"
Peace of Westphalia of 1648, the Declaration of Paris of 1856, The Geneva Red Cross Convention of
1864, and the United Nations Charter of 1945
II. International Custom
Matters of international concern are not usually covered by international agreements and many states are
not parties to most treaties; international custom remains a significant source of international law,
supplementing treaty rules.
-Custom Define by Fenwick as a practice which has grown up between states and has come to be
accepted as binding by the mere fact of persistent usage over a long period of time.
It exists when a clear and continuous habit of doing certain things develops under the CONVICTION
THAT IT IS OBLIGATORY AND RIGHT.
This conviction is called "Opinio Juris"
When there's no conviction that it is obligatory and right, there's only usage
Usage is also a usual course of conduct, along established way of doing things by states.
To elevate a mere usage into one of a customary rule of international law, there must be a degree of
constant and uniform repetition over a period of time coupled with opinio juris.
-Example, practice of granting immunities to foreign heads of states or diplomats in the territory of the
local state pursuant to what has come to be known as the principle of exterritoriality.
III. General Principles of Law Recognized by Civilized Nations
Derived from the law of nature and are observed by the majority of states because they are believed to be
good and just.
-Although no international convention was necessary to bring them into existence, the general
principles of law have nevertheless become universal in application because of the unilateral decision
of a considerable number of states to adopt and observe them in recognition of their intrinsic merit.
Salango opines that resort is taken from general principles of law whenever no custom or treaty provision
is applicable. The idea of "civilized nations" was intended to restrict the scope of the provision to
European States, however at present the term no longer have such connotation, thus the term should
include all nations.
Examples of General principles are estoppe;, pacta sunt servanda, consent, res judicata and prescription;
including the principles of justice, equity and peace
B. Secondary or indirect sources
IV. Judicial Decisions
In Thirty Hogshead of Sugar v. Boyle, Chief Justice John Marshall of the US Supreme Court
declared that "the decision of the courts of every country, so far as they are founded upon a law
common to every country will be received, not as authority show how the law of Nations in the
given case is understood in the country, and will be considered in adopting the rule which is to
prevail in this.
The doctrine of Stare decisis is not applicable in international law and so the decision of a court in one
case will only have persuasive value in the decision of a subsequent case. According to Article 59 of the
Statute of the International Court of Justice, "The decision of the Court has no binding force except
between the parties and in respect to that particular case"
V. Teachings of Authoritative Publicists
The writings of the publicists, must also be to qualify as such, a fair and unbiased representation of
international law and by an acknowledged authority in the field, Mere credentials are obviously not
enough as the jurist may have been motivated by national pride or interest, or error in interpreting
a rule of international law or in supposing the existence of a rule which does not in face form part
of law of nations.
Such works are resorted to by judicial tribunals not for the speculation of their authors concerning what
the law ought to be, but for trustworthy evidence of what the law really is.
B. International Customs/International Customary Law
Custom or customary international law means “a general and consistent practice of states followed by
them from a sense of legal obligation.
Distinguish from soft laws and Jus Cogens
Not included among the sources is what a growing literature refers to as “soft law.” Others prefer
to call this category “non-treaty agreements.” They are international agreements not concluded as
treaties and therefore not covered by the Vienna Convention on the Law of Treaties

Jus cogens (or ius cogens) is a latin phrase that literally means “compelling law.” It designates
norms from which no derogation is permitted by way of particular agreements. It stems from the
idea already known in Roman law that certain legal rules cannot be contracted out, given the
fundamental values they uphold.

C. Treaties and International Conventions

-1980 Vienna Convention on the Law of Treaties
-The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties
between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and
guidelines for how treaties are defined, drafted, amended, interpreted, and generally operated.
-Treaty-making Process
TREATY MAKING PROCESS
1. Negotiation
2. Authentication
3. Ratification
4. Exchange of Instruments
A treaty is negotiated by a group of countries, either through an organization set up for that specific
purpose, or through an existing body such as the United Nations (UN) Council for Disarmament. The
negotiation process may take several years, depending on the topic of the treaty and the number of
countries participating.
After negotiations are finished, the treaty is signed by representatives of the governments involved.
The terms may require that the treaty be ratified as well as signed before it becomes legally binding.
A government ratifies a treaty by depositing an instrument of ratification at a location specified in the
treaty; the instrument of ratification is a document containing a formal confirmation that the government
consents to the terms of the treaty. The ratification process varies according to the laws and Constitutions
of each country. In the U.S., the President can ratify a treaty only after getting the “advice and consent” of
two thirds of the Senate.
-Section 21, Article 8 1987 Constitution
-No treaty or international agreement shall be valid and effective unless concurred in by at least two-
thirds of all the members of Senate.
-Section 25, Article 18 1987 Constitution
- After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United
States of America concerning military bases, foreign military bases, troops, or facilities shall not be
allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress
so requires, ratified by a majority of the votes cast by the people in a national referendum held for that
purpose, and recognized as a treaty by the other contracting State.
-Executive Order No. 459
Providing for the guidelines in the negotiation of international agreements and its ratification
- WHEREAS, the negotiations of international agreements are made in pursuance of the foreign policy of
the country;
• Interpretation and Observance of Treaty
- Vienna Convention on the Law of Treaties Article 26 – Pacta Sunt Servanda
-Every treaty in force is binding upon the parties to it and must be performed by them in good faith.
Article 31- General Rule of Interpretation
-1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the
terms of the treaty in their context and in the light of its object and purpose.
• Invalidation, Termination and Suspension
Article 60- Termination or Suspension of the operation of the Treaty as a consequence of its breach
-1. A material breach of a bilateral treaty by one of the parties entitles the other to invoke the breach as a
ground for terminating the treaty or suspending its operation in whole or in part
• Executive Agreement
- An executive agreement is an agreement between the heads of government of two or more nations that
has not been ratified by the legislature as treaties are ratified. Executive agreements are considered
politically binding to distinguish them from treaties which are legally binding.
Customs/Customary International Law
As evidence of a general practice accepted as law;
Customary international law means “a general and consistent practice of states followed by them from a
sense of legal obligation.”
D. General Principles of Law
G. Equity in International Law
In its most general meaning it refers to what is fair and reasonable in the administration of justice, a
concept that in Roman Law is aptly expressed by the term aequitas. In a narrower and more technical
meaning, equity refers to the power conferred on the International Court of Justice (ICJ) under Art.
-Ex Aequo et Bono
The ancient concept of ex aequo et bono is based upon the idea of ‘fundamental fairness’ as a guideline
principle in arbitration and other dispute settlement processes. Provided that the parties expressly agree, it
enables judges and arbitrators to decide a case according to what—in literal translation of the original
Latin phrase—‘is fair (or equitable) and good’ (Fair and Equitable Treatment). That is also to say ‘in
good conscience’ and notwithstanding the written law. Black’s Law Dictionary gives a threefold
definition: ‘in justice and fairness

-Distinguished from Equity under Philippine Law

Equity jurisdiction aims to do complete justice in cases where a court of law is unable to adapt its
judgments to the special circumstances of a case because of the inflexibility of its statutory or legal
jurisdiction
It can be noticed that the American occupation significantly changed the usage of equity in Philippine
jurisprudence. In the early case of U.S. vs Tamparong, the Court noted that the courts in the Philippines
are not only courts of law, but also of equity.
3. International law and Municipal Law
A. Dualism vs Monaism
Monaism
-believe in the oneness or unity of all law
-The main reason for the essential identity of the two spheres of law is that some of the fundamental
notions of International Law cannot be comprehended without the assumption of superior legal order
from which the various systems of Municipal Law in a sense derived by way of delegation.
-They contend law is essentially a command binding upon the subjects independently of their will, and it
is ultimately the conduct of individuals which it regulates.
Dualist
-believe in the dichotomy of law, there are certain well-established differences between international law
and municipal law.
1. Municipal law is issued by a political superior for observance by those under its authority whereas
international law is not imposed upon but simply adopted by states as a common rule of action among
themselves.
Municipal law is a sovereign over those subjected to his sway, law of nations is a law, not above but
between, sovereign states and is therefore, a weaker law.
2. Municipal Law consist mainly of enactments from the lawmaking authority of each state whereas
international law is derived not from any particular legislation but from such sources as international
customs, international conventions and the general principles of law.
3. Municipal law regulates the relations of individuals among the relations of individuals among
themselves or with their own states and other international persons.
4. Violations of municipal law are redressed through local administrative and judicial processes whereas
questions of international law are resolved through state-state transactions and arbitration to the hostile
arbitrament of force like reprisals and even war.
5. Breaches of municipal law generally entail only individual responsibility whereas responsibility for
infractions of international law is usually collective in the sense that it attaches directly to the state and
not its nationals.
It is possible for a principle of municipal law to become part of international law as when the principle is
embodied in a treaty or convention like the Hague Conventions of 1899 and Geneva Convention of 1930.
States admitted to the family of nations are bound by the rules prescribed by it for the regulation of
international intercourse.

Short version
From Viewpoint of Doctrine
1. Dualist
International Law and Municipal Law are completely separate realms.
2. Monists
-Denies that public international law and municipal law are essential different
-In both laws, it is the individual persons who in the ultimate analysis are regulated by the law. The both
laws are far from being essentially different and must be regarded as parts of the same juristic conception.
For them is oneness or unity of all laws.
-Public International law is superior to municipal law being one which determines the jurisdiction limits
of the personal and territorial competence of States.
From the Viewpoint of Practice
1. International Tribunals
Public International superior to Municipal Law
Article 27, Vienna Convention in the Law of Treaties- A state many not invoke the provisions of its
internal law as justification for its failure to perform a treaty.
STATES LEGALLY BOND TO OBVERSE ITS TREATY OBLIGATIONS, ONCE SIGNED AND
RATIFIED.
2. Municipal Sphere depends on what doctrine is followed.
B. Doctrine of Incorporation
-Section 2 Article 2 1987 Constitution
Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.
-Nature of the Incorporation Clause of the 1987 Constitution
One of these is the doctrine of incorporation, as expressed in Section 2, Article II of the Constitution,
wherein the Philippines adopts the generally accepted principles of international law and international
jurisprudence as part of the law of the land and adheres to the policy of peace, cooperation, and amity
with
-Conflict between International Law and Philippine Law
Domestic courts are bound to apply the local law.
But should conflict arise, what rule should be followed and what are the possible consequences?
“Article 13, Declaration of Rights and Duties adopted by the International Law Commission in
1949.
Should a conflict arise between an international agreement and the Constitution, the treaty would
not be valid and operative as domestic law.
The Constitution, in Article VIII, Section 5, 2(a) explicitly recognizes the power of the Supreme
Court to declare a treaty unconstitutional.
=Rule under International Law
=Rule under Philippine Law

4. Subjects and Objects of International Law

A. The International Community

5. The United Nations

A. The General Assembly
B. The Security Council
C. The International Court of Justice
D. The Econonomic and Social Council
E. The Trusteeship Council
F. The Secretariat

6. The Individual under International Law

A. Object/Subject of International Law
7. The Concept of the State
1.Elements of the state
People
A mass population or community of people living within the territorial jurisdiction of state
Territory
The space within which the government exercise its supreme authority.
government
Agency through which the will of the state are formulated, expressed carried out.
sovereignty
The supreme power of the state to enforce its will upon its citizen through laws.
It also means independence from the control of other states.
Two aspects of sovereignty
Internal sovereignty – which means complete authority to rule over the people inside the state
External sovereignty – which means independence from outside or foreign control.
B. Rights and Duties of a States (Draft Declaration on Rights and Duties of the State
Article 1
Every State has the right to independence and hence to exercise freely, without dictation by any other
State, all its legal powers, including the choice of its own form of government.
Article 2
Every State has the right to exercise jurisdiction over its territory and over all persons and
things therein, subject to the immunities recognized by international law.
Article 3
Every State has the duty to refrain from intervention in the internal or external affairs of any other State.
Article 4
Every State has the duty to refrain from fomenting civil strife in the territory of another State, and to
prevent the organization within its territory of activities calculated to foment such civil strife.

Article 5
Every State has the right to equality in law with every other State.
Article 6
Every State has the duty to treat all persons under its jurisdiction with respect for human rights
and fundamental freedoms, without distinction as to race, sex, language, or religion.
Article 7
Every State has the duty to ensure that conditions prevailing in its territory do not menace
international peace and order.
Article 8
Every State has the duty to settle its disputes with other States by peaceful means in such a
manner that international peace and security, and justice, are not endangered.
Article 9
Every State has the duty to refrain from resorting to war as an instrument of national policy, and
to refrain from the threat or use of force against the territorial integrity or political independence of
another State, or in any other manner inconsistent with international law and order.
Article 10
Every State has the duty to refrain from giving assistance to any State which is acting in
violation of article 9, or against which the United Nations is taking preventive or enforcement action.
Article 11
Every State has the duty to refrain from recognizing any territorial acquisition by another State
acting in violation of article 9.
Article 12
Every State has the right of individual or collective self-defense against armed attack.
Article 13
Every State has the duty to carry out in good faith its obligations arising from treaties and other
sources of international law, and it may not invoke provisions in its constitution or its laws as an excuse
for failure to perform this duty.
Article 14
Every State has the duty to conduct its relations with other States in accordance with
international law and with the principle that the sovereignty of each State is subject to the supremacy of
international law.
C. State Succession
Occurs when one international person is replaced with another due to changing of circumstances in the
state
D. State Continuity
Principle of State Continuity—as long as the elements of the State are present, the State shall continue in
existence
8. Recognition
A. Recognition of States
A state acknowledgement or acceptance as an international personality by the existing state of the
international community
B. Recognition of Government
Recognition of government means that the recognizing state regards it as the sole representative of the
given State in international intercourse.
When the regime of a state is change, it is required to be recognized by other states.
C. Recognition of Belligerent Communities
A nation or person engaged in war or conflict as recognized by international law.
Belligerency exists when a portion of the state’s territory and population is under de facto control of the
people who are fighting against the government to established a separate state or to overthrow the existing
government
It was granted during most of the civil wars of the 19th century, such as the American civil war and war
during the Twentieth Century.
D. Obligation "Erga omnes"
In relation to everyone.
Legal term describing obligations owed by states towards the community of states as a whole.
The significance of the pronouncement concerning erga omnes obligations
▣ the outlawing of acts of aggression
▣ the outlawing of genocide
▣ protection from slavery
▣ and protection from racial discrimination
9. Fundamental Rights of the States? States in the International System
A. The Right of Existence and Self-Defense/ Self-Preservation
Rights of the State (SPEED)
Right to Sovereignty and Independence
It is dictatorial interference by a state in the internal affairs of another state, or in the relations
between other States, or in the relations between other States, which is either forcible or backed by
the threat or force
Right to Property and Jurisdiction
JURISDICTION – authority exercised by a state over persons or things within or sometimes outside
its territory
TYPES OF JURISDICTIONS
1. Personal Jurisdiction – power exercised by a State over its nationals
2. Territorial Jurisdiction – jurisdiction of a State over all persons and property within its territory
Right to Existence and Self -defense
Most important right of the state Allows defensive war Prohibit offensive war
REQUISITES OF RIGHT OF EXISTENCE AND SELF-DEFENSE 1. The right may be resorted to
only upon a clear showing of a grave and actual danger to the security of the State 2. A necessity of
Self-Defense which is instant, overwhelming and leaving no choice of means and no moment for
deliberation
Right to equality
BASIS OF RIGHT OF EQUALITY
1. Article 2, UN Charter - The organization is based on the principle of the sovereign equality of all
its members
2. Montevideo Convention of 1933 - States are juridically equal, enjoy the same rights, and have
equal capacity in their exercise. The rights of each one does not depend upon the power it possesses
to assure its exercise, but upon the simple fact of its existence as a person under international law.
PAR IN PAREM NON HABET IMPERIUM – an equal has no power over an equal
One of the fundamental rights of a state is equality with all other states. This right is inherent in the
concept of a state as a subject of INTERNATIONAL LAW and is given general recognition by long-
standing state practice. Precise definition of the principle of equality of states is difficult, however,
since many factors affect its application in any particular situation. Thus, it is best to differentiate
between legal equality, that is, the concept of state equality as it applies to the legal relations that
 states maintain with each other, and political equality, which reflects the relative distribution of
economic and military power between states.
Right to Diplomatic Intercourse
the right to send and receive diplomatic representative
-Article 51, UN Charter
Article 51. Nothing in the present Charter shall impair the inherent right of individual or collective self-
defence if an armed attack occurs against a Member of the United Nations, until the Security Council has
taken measures necessary to maintain international peace and security.
-Collective Self-Defense
The right of “collective self-defense” was enshrined in Article 51 of the 1945 United Nations Charter. It
refers to the right of all UN countries to use military force to defend other member nations from attack. It
has provided the basis for all UN-authorized military operations, from the Korean War onwards.
-Section 2, Article 2 1987 Constitution
The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
-Section 23, Article 6 1987 Constitution
SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session assembled,
voting separately, shall have the sole power to declare the existence of a state of war.
-Article 1, 1987 Constitution
The national territory comprises the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of
its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
Philippines.
-RA No. 9522 Philippine Archipelagic Baselines
AN ACT TO AMEND CERTAIN PROVISIONS OF REPUBLIC ACT NO. 3046, AS AMENDED BY
REPUBLIC ACT NO. 5446, TO DEFINE THE ARCHIPELAGIC BASELINES OF THE PHILIPPINES,
AND FOR OTHER PURPOSES
SECTION 1. Section 1 of Republic Act No. 3046, entitled “An Act to Define the Baselines of the
Territorial Sea of the Philippines”, as amended by Section 1 of Republic Act No. 5446, is hereby
amended to read as follows:
-The United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea (UNCLOS) is established to define coastal and
maritime boundaries, to regulate seabed exploration not within territorial claims, and to distribute revenue
from regulated exploration.
-Air and Outer Space Law
Air space, also spelled Airspace, in international law, the space above a particular national territory,
treated as belonging to the government controlling the territory. It does not include outer space, which,
under the Outer Space Treaty of 1967, is declared to be free and not subject to national appropriation
-Article 2, Revise Penal Code
Art. 2. Application of its provisions. – Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against
those who:
Should commit an offense while on a Philippine ship or airship
Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;
Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number;
While being public officers or employees, should commit an offense in the exercise of their functions; or
Should commit any of the crimes against national security and the law of nations, defined in Title One of
Book Two of this Code
-Article 14 and 15, New Civil Code
Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or
sojourn in the Philippine territory, subject to the principles of public international law and to treaty
stipulations. (8a)
Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons
are binding upon citizens of the Philippines, even though living abroad. (9a)
E. The Right of Legation
-Roles and Status of Diplomats and Consuls
FUNCTIONS OF A CONSUL
1. Duties of commerce and navigation
2. Duties of passport and visa issuance
3. Duties of protection of nationals
CONSUL IMMUNITIES AND PRIVILEGES
1. Right to official communication
2. Inviolability of archives
3. Exempt from criminal liability pertaining to those in exercise of official functions
4. Tax Exemption
5. Exempt from militia service
6. Exempt from social security rules (local)
7. Privilege to display flag and insignia
-Diplomatic Relations (Vienna Convention on Diplomatic Relations)
The 1961 Vienna Convention on Diplomatic Relations outlines the rules of diplomatic law, ratified by
Canada in 1966 and implemented by the Foreign Missions and International Organizations Act. The
Convention codifies the rules for the exchange and treatment of envoys between states, which have been
firmly established in customary law for hundreds of years. It has become an almost universally adopted
Convention with 179 states party to it.
The Vienna Convention on Diplomatic Relations is fundamental to the conduct of foreign relations and
ensures that diplomats can conduct their duties without threat of influence by the host government. In
particular, the Convention establishes the following:
-rules for the appointment of foreign representatives;
-the inviolability of mission premises;
-protection for the diplomat and his or her family from any form of arrest or detention;
-protection of all forms of diplomatic communication;
-the basic principle of exemption from taxation;
-immunity from civil and administrative jurisdiction, with limited exceptions; and
-that diplomat must respect the laws of the host state.
-Consular Relations ( Vienna Convention on Consular Relations)
The Vienna Convention on Consular Relations is an international treaty that defines a framework for
consular relations between sovereign states. It codifies many consular practices that originated from state
custom and various bilateral agreements between states.