NOTES IN PIL II-a

a. Intro: Subjects of International Law

● Distinction between subject and object of international law

● Evolution of the conception of individuals as objects

b. States

● Commencement

o Montevideo Convention of 1933

▪ Permanent Population
▪ Defined Territory
▪ Government
▪ Capacity to enter into relations
o Community of persons (more or less numerous), permanently
occupying a definite portion of a territory, independent of
external control, and possessing an organized government to
which the great body of inhabitants render habitual obedience.
o Self-determination

● Theories of recognition
o Declaratory - Kinikilala ko na si state a ay isang bansa pero wala
akong karapatan sabihin na hindi siya bansa - sinasabi ko lang na
“ay oo bansa si state a”
▪ it merely states that state a is a state, it does not confirm
power to state a to determine if state a is a state or not
o Constitutive - it is necessary for others to tell you that you are a
state for you to be considered as a state

● Recognition of Government
o De Facto and De Jure
o Express and Implied

● Effects of Recognition

● Classes of States
o Independent
o Dependent
o Neutralized
o Confederates and Unions

● Principle of State Continuity

o Succession of States
 o Succession of Government

● Succession and Effects of Succession

c. Other Subjects / Incomplete Subjects

● Colonies, Dependencies, Protectorates

● Mandates and Trust Territories
● Territories under International Control or Supervision
● Particular Incomplete Subjects
o Vatican and the Holy See
o Sovereign Order of Malta
o (Taiwan)

● UN and International Organizations

● Belligerent Communities, Insurgents, Liberation Movements

● Conditions for Recognition of Belligerency

● Individuals

d. Rights of States

● The Right of Existence, Integrity, and Self-Preservation (the right to

acquire territories and the right of individual or collective self-defense)
● The Right of Sovereignty and Independence
● The Right of Equality
● The Right of Property and Jurisdiction
● The Right of Legation or Diplomatic Intercourse

e. Duties of States

● To respect the right of other states to the territorial existence and

integrity
● To carry out in good faith the treaty obligations and other sources of
international law
● To refrain from intervention in the internal or external affairs of any
other state
● To refrain from resorting to war as an instrument of national policy, or
from the threat or use of force against the territorial integrity or
political independence of another state, or in any manner
inconsistent with international law and order
● To refrain from giving assistance to any state which is acting in
violation of international law or against the United Nation’s preventive
or enforcement action
● To treat all persons under its jurisdiction with respect to their human
rights and fundamental freedoms
● To respect the property rights and jurisdictional processes of other
states insofar as they do not infringe upon the former’s own rights
● To settle disputes with other states by peaceful means