Chapter 1 THE NATURE OF PUBLIC INTERNATIONAL LAW Introduction Public International Law is a branch of public law which d other entities that have regulates the relations between states ant been granted international personality. The concept of Public Inter- national Law was introduced by Jeremy Bentham in 1870 and used interchangeably with the laws of nations. Public International Law is concerned about the structure and conduct of states and international entities like the Holy See and inter-governmental organizations. To some extent, International, Law may also cover multinational corporations and individuals due to the modern concept of globalized economic structures. In the 21 century, Public International Law has an increasing role due to the increase in global trade, environmental deterioration on a worldwide and rapid increases in scale, awareness of human rights violations, international transportation and communications. This field combines two main branches: the law of nations orus gentium undgr the Roman legal system which is based on customary law, andjus inter gentes which are based on, international agiremente and sunrentions thought to be held in common by all ations. History and Evolution of Public International Law The history and evolution of Public International Law can be traced back to the Treaty of Westphalia in 1648, which in a way cetablished the principle of state sovereignty as a cornerstone of the international order, However, the first attempts at formulating autonomous theories of International Law occurred before this, in the 16th century Spain. Most prominent among the early theorizers were the Roman Catholic theologians Francisco de Vitoria and Francisco Suarez, Sudrez is especially notable in distinguishing 1 Scanned with CamScannertes and ius intra gentes which he deriveg fo ius inter geni here Tus inter gentes corresponay f ius gentium (the rights of peoples). modern International Law. In 1625, Hugo Grotius, a Dutch statesman and considereg ., the “Father of International Law” wrote the first systematic treatigg on International Law, de iure belli ac pacis (The Law of War «, Peace), which scholarly discussed the laws of war and Peace. It wag published in Paris, and is now regarded as a foundational Work j International Law. One important aspect of Grotius’s treatment of International Law is that it was not based exclusively upon Natural law, but also accepted that states among themselves can also creat, binding rules of law (ius voluntarium). In the eras of 17th until the 18th century, the idea of natura, law as a basis for International Law remained influential which was further expressed in the works of Samuel von Pufendorf ang Christian Wolff. However, in the second half of the 18th century, shift occurs towards positivism in International Law. In addition, the idea of International Law as a means for maintaining internationa] peace is challenged due to the increasing tensions between the European great powers particularly France, Prussia, Great Britain, Russia and Austria. This tension between legal norms and political imperatives is well reflected in the century's most important treatise on International Law — Du Droit des Gens (The Law of Nations) written by Emer de Vattel in 1758. Vattel was a Swiss jurist who applied a theory of natural law to international relations. His treatise was especially influential in the United States because his principles of liberty and equality coincided with the ideals expressed in the Declaration of Independence. At the end of the 18th century, Immaziuel Kant believed that International Law as a law that can justify war does not serve the purpose of peace anymore. Kant wrote two masterpieces Zum Ewigen Frieden (Perpetual Peace, 1795, and Metaphysik der Sitten (Metaphysics of Morals, 1797) which argued for the creation of a new kind of International Law. After World War I, ah attempt was made to establish such # ae International Law for the purpose of achieving lasting world mae This led to the establishment of the League of Nations ween of Nations was the first permanent intersatio 4 was ftae whose principal goal was to maintain world peace. on jam: ed asa result of the Paris Peace Conference which ope” victor wary 18, 1919 in Paris, France. This was the meeting of the vs of World War I and was attended by diplomats from mo" Scanned with CamScannerCHAPTER 1 3 THE NATURE OF PUBLIC INTERNATIONAL LAW than 29 countries. In the conference, they discussed and came up with a series of treaties (“Paris Peace Treaties”) that re-shaped the map of Europe and the rest of the world. Germany was found guilty of aggression and was imposed stiff and severe financial penalties by the League of Nations, At the center of the proceedings were the leaders of the three “Great Powers”: President Woodrow Wilson of the United States of America, Prime Minister David Lloyd George of Great Britain and Prime Minister George Clemeceau of France. The Conference was also attended by Prime Minister Vittorio Orlando of Italy. Atits peak, from September 28, 1984 to February 23, 1935, The League of Nations had 58 members. The League set its primary goals based on its Covenant to prevent war through collective security and disarmament and the settlement of.international disputes through negotiation and arbitration, Other issues in this and related treaties included labor conditions, just treatment of native inhabitants, human and drug trafficking, arms trade, global health, prisoners of war, and protection of minorities in Europe. However, the League of Natjons and the prospect of achieving and maintaining world peace was short lived. ‘The League of Nations failed to prevent the Nazi Germany under Adolf Hitler from its aggressive moves against its neighboring states thus leading to the outbreak of World War II. It was a global conflict lasting from 1939 to 1945 which involved most of the world’s states at that time including all of the great powers, who eventually formed two opposing military alliances — the Allied and the Axis. The war was said to have started on September 1, 1939 when Germany invaded Poland. France, Great Britain and most of the countries of the Briti: Empire.and Commonwealth thereafter declared war against Germany as'they have correctly thought that Hitler’s Germany was out to establish an empire in Europe. World War II ended in Europe with the capture of Berlin by the combined Soviet and Polish troops and the subsequent German’ unconditional surrender on May 8, 1945. On the other hand, the war ended in Asia when the Japanese Navy was defeated by the United States and atomic bombs were dropped on August 8, 1945 in Hiroshima and in Nagasaki on August 9, 1945 by the United Stat This led to Japan's crippling and made imminent the invasion of the Japanese Archipelago, paving the way for Japan to surrer ee : August 15, 1945. The war ended with the total victory of c Fa over Germany and Japan in 1945. World War II altered the ee Scanned with CamScannerPUBLIC INTERNATIONAL LAW SIMPLIFIED ial structure of the world. The end of thi, aved the pay seta establishment of the United Nations in on o foster international cooperation and prevent future conflicts, nt se Union and the United States emerged as rival SUPCIPOWeR setting the stage for the Cold War, which lasted for the next ¢ ars, Meanwhile, the influence of Buropean great powers stan ip decline, while the decolonization of Asia and Africa began, Moa countries whose industries had been damaged moved towards 09, nomic recovery. Political integration, especially in Europe, emerge, asan effort to stabilize postwar relations. ‘The history of International Law can be divided into Periods ay some German authors like Wilhelm Grewe and Karl-Heinz Ziegle, have argued. These periods are the Spanish era (1494-1648), 1}, French era (1648-1789/1815), the English era (1789/1815-1919), ang the American era since 1919, The transitions between these eras are often marked by grand peace settlements, such as the earlier mentioned treaties of Westphalia (1645-48), the treaties of Ryswick and Utrecht (1697/1714), Vienna (1814-15), Paris (1919) and San Francisco (1945) which is now the UN Charter of 1945. alignment Distinction Between Public International Law and Private Intema- tional Law Public International Law should not be confused with “Private International Law,” which is concerned with the resolution of conflict of laws. In its most general sense, International Law “consists of rules and principles of general application dealing with the conduct of states and of inter-governmental organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical.” (Brownlie, Principles of Public International Law) ‘The distinction between Public International Law and Private International Law can be summed up in the following: Insofar 23 the nature or character P , 1L as . mndiv Py what are invelved en concerned, in Public International Lav are dealings of states or sovereigns and othe? Scanned with CamScannerCHAPTER 1 ‘THE NATURE OF PUBLIC INTERNATIONAL LAW entities with international personality while in Private International Law, the dealings of private jndividuals are involved. If the contracts are breached or violated in the field of Public International Law the parties may resort to either pacific or amicable means of settling dispute or they may resort to hostile methods to settle their conflicts. But in Private International Law, the parties may file their cases before the municipal or local tribunals. Divisions of International Law Public International Lay as @ field of Politiogl, Law is divided ie major divisions —the laws of peace, the laws of war laws of neutrality. (Cruz, International Law, 2000) "The laws of peace are the rules being followed by the states in their day-to-day dealings with each other in times of peace. The law of war, on the other hand, is a body of Jaw, concerning acceptable justifications to engage in war also known as jus ad. ations of the conduct of warfare which are know which in modern times are known as International Humanitarian Laws. The laws of war include limits on the lawful exercise of a belligerent’s power, the laws require that belligerents refrain from using violence that is not reasonably necessary for the achievement of a military purpose and that belligerents should conduct hostilities with regard to the principles of humanity and chivalry. On the other hand, the laws of neutrality are the norms of conduct that must be observed by the neutral states in their dealings with the belligerents. who are fighting each other. Neutrality is defined as “the attitude of impartiality adopted by third States towards belligerents and recognized by belligerents x x x creating rights and duties between the impartial States and the belligerents.” (L. Oppenheim, International Law, 1952, cited by Tess Bridgeman, 2010, New York University School of Law) z as as jus in bello Scanned with CamScannerChapter 2 SOURCES OF INTERNATIONAL LAW Public International Law is based on primary sources and S@cong, ary or subsidiary sources. Article 38 of the Statute of the International Court of Ju (ICS) provides: 1, The Court, whose function is to decide in accordance with International Law such disputes as are submitted to it, shall apply. slg a, international conventions, whether general or pay ticular, establishing rules expressly recognized by. the contest, ing states; b, international custom, as evidence of a general prac. tice accepted as law; ©. _ the general principles of law recognized by civilized nations; 4. subject to the provisions of Article 59, judicial deci sions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determina- tion of rules of law. 2. This provision shall not prejudice the power of the Coutt to decide a case ex aequo et bono (according the right and good), it the parties agree thereto, The Primary Sources of International Law ‘The following are the principal sources of International Law! 1. Treaties an are legally binding con} conduct of 'd conventions. Treaties and conventions iB contracts between states. These are the rules States in dealing with each other. Scanned with CamScannerCHAPTER 2 SOURCES OF INTERNATIONAL LAW i 2, International Customs. Customa: i i . ry International Lay means a general and consistent practice of states which iy follow from a sense of legal obligation. (Bernas, 2002) Customary International Laws are those that are derived from customs. These customs have been recognized by different states and used them in their dealings with other states. Some Customary International Laws rise to the level of jus cogens or compelling law by acceptance and usage by the international community and are considered as non-derogable rights. Customary International Laws bind the states regardless of whether or not the states have codified these laws domestically acceded to them via treaties. Under the principle of jus cogens, or peremptory norms of general International Law, no derogation is permitted. Based on the Vienna Convention on the Law of Treaties (VCLT) any treaty which conflicts with a peremptory normis void. International customs are resorted to in determining the justness of the actions of a state. Unider the principle of opinio juris ‘sive necessitatis (an opinion of law or necessity) a particular action was carried out because it was a legal obligation. Opinio juris means that states must act in compliance with the norm not merely out of convenience, habit, coincidence, or political expediency, but rather out of a sense of legal obligation. This term is widely used today as a defense in legal proceedings. Opinio juris is the subjective element which is used to judge whether the practice of a state is due to a belief that it is legally obliged to do a particular act. When opinio juris exists and is con- sistent with nearly all state practices, Customary International Law emerges. (Bederman, 2002) One of the important features of Customary International Law is that customary law may, under certain circumstances, lead to universal jurisdiction or application, so that any national court may hear extra-territorial claims brought under International Law. The Case of Paquete Habana (175 U.S. 677 [1900]) In April 1898, two fishing vessels, the Paquete Habana and the Lola, separately left Cuban ports in Havana in order to fish. ‘The two vessels were eventually captured by US Naval vessels as part of Admiral William T, Sampson's blockade of Cuba, who was ordered to execute the blockade “in pursuance of the laws of the United States, and the law of nations applicable to such cases.” The vessels were Scanned with CamScannerPUBLIC INTERNATIONAL LAW SIMPLIFIED rritorial waters at the onset of the Span, Plat vican War and then taken to Key West, where both vessels wit eventually auctioned by the district court. Both vessels were ya} et the price of US$2000. Admiral Sampson justified the seizures y at king that most fishing vessels, flying under the Spanish bang. were manned by excellent seamen, ‘liable for further service” ,, faval reserves, an asset that could eventually be used against 1g interests in the Spanish-American War. ‘The owners of the vessels however made an appeal to thy circuit courts, citing a long held tradition by nations of exempt fishing vessels from prize capture in times of war. This “tradition,” primary example of Customary International Law, dates back from pevorder by Henry IV in 1403; and has more or less been observe4 bya large majority of States ever since. At the time of capture, both vessels had no evidence of aiding the enemy, and were unaware of the US naval blockade. No arms were found on board, and no attempts were made to either run the blockade or resist capture. ‘The United States Supreme Court, ruled based on lengthy legal precedents to support the existence of a Customary International Law that exempted fishing vessels from prize capture, dating all the way back to ancient times and occurring repeatedly between Great Britain and France. In 1403, King Henry IV of England ordered his officers to leave fishermen alone during times of war. He then signed a treaty with France re-affirming this act between both parties. Again, in 1521 between Emperor Charles V and Francis! of France, a treaty was assigned. This treaty was invoked due to desperate rise in the markets for herring. With the war betwee the two countries raging on, fishermen dared not to venture out to sea. Therefore, a treaty was necessary on both accounts to prevent starvation among those who relied upon cheap herring, the lower classes. Situations similar to this continued to prop up throughout history prior to the Paquete case. Using this as a basis for customary law, the US Supreme Court found the capture ofboth vessels as “unlawful and without probable cause“"The high tribunal reversed the District Court's decision hefcarge is fpooneds of the auction as well as any profits made BC e restored to the claimant, with damages and costs: 3. General Princi, ee tized Nati inciples of Law Recognized by Civiliz® ons. Based on Aricle 38(Ie) of the TCI Statute, the 20° Principles of law i ee : source of Intornationed eee alized nations is the third princi placed within Cuba’s te Scanned with CamScannerCHAPTER 2 SOURCES OF INTERNATIONAL LAW ‘These principles essentially provide a mechani issues not already subject either to cae or inteding customary rules. Such general principles may arise either tobingy amunicipal law or through International Law, and many are in fact procedural or evidential principles or those that deal with the in ae nory ofthe judicial process. (Eneyelopedia Britannica) international The Chorzow Factory Case Germany sought a declaration that the Polish Government's attitude towards certain German companies was not in conformity ‘with the Convention concerning Upper Silesia. The German govern- must compensate these companies. On ment claimed that Poland Fuly 26, 1927, the Permanent Court of International Justice held hat ‘it is a principle of International Law, and even & general conception of law, that any breach of an engagement involves an obligation to make reparation in an adequate form.” The reparation of a wrong may consist in an indemnity cor- responding to the damages with nationals of the injured party state have suffered as a result of ‘the act which is contrary to International Law. Reparation for the taking of property requires compensation. Reparation is due when there is a breach of an obligation. Ageneral principle of International Law stipulates that a State is responsible for injuries caused by its wrongful acts and bound to provide repara- tion for such injury. The Chorzow Factory Case (Germany v. Poland, P.C.Ld., Ser. A, No. 9, [1927]) The Secondary Sources of International Law _ The following are the secondary or subsidiary sources of Inter- national Law: ea x Decisions of Courts ~ The decisions of international a ae , international arbitral bodies and to some extent the caine of the courts of each country, so far as they are founded upon a ora to every country will be received, not as authority but eae ae (Chief Justice John Marshall, Thirty Hogshead secondary sources ep lueeaeseal ce Bed Pes Apa “ Beet Artale 38 (1) of the Statute of the International Court oe eee Court, whose function is to decide in accordance ional Law such disputes as are submitted to it x x x. Scanned with CamScannerPUBLIC INTERNATIONAL LAW SIMPLIFIED 10 5 oe i ection with Arti this provision must be read in connection cle 5 However, Het ute which provides that “The decision of the Coun said Statute wl : ji ae binding force except between the parties and in respect of y,,, particular case.” Following this provision, the decisions of International Coy, of Justice, although accorded with high respect by the states o¢ the world, do not constitute precedents and the principle of stare decisis et non quieta movere (to stand by decisions and not distur) the undisturbed) would not strictly apply. 2, Teachings of publicists — Based on Article 38(4) of the Statute of the International Court of Justice, “subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.” These teachings are presumed to be scholarly works and have been resorted to in deciding complex issues in International Law. These teachings in reality and in practice are not treated with the same authority as case law but they are important in resolving questions of International Law especially in cases where Customary International Law or the general principles of International Law are involved. Bases of International Law When individuals deal with each other they must observe some rules of conduct which are universally accepted so that their transactions would be smooth and would arrive at the desired results. In the same manner, when states deal with each other they a Also observe some guidelines in order for their transactions Thee 2nd equitable and that the desired results are arrived at ese rules are the foundations of modern International Law- 1, The Law of Nature School ae see atoption or application of International Law is based 0? mutual lett Principle of right and wrong independent © individual throuch (yr omPaet discovered and recognized by ever? of thought are the use of his reason and conscience. This sch is a moral theo pe that the law is based on what is “correct.” It and ethicn Netagcs a ~ that is, law should be based on moral choosing between ind pnd ae eived by man through reason #0 Scanned with CamScannerCHAPTER 2 SOURCES OF INTERNATIONAL LAW " 2, The Positivist School ‘The compelling force of International Law is deri agreement of the states to be bound by such Soa serording to this school of thought, in order to be binding must be written and ‘voluntarily agreed upon by the parties. However, it must Wriressed that when the parties entered into a treaty the purpose! is to coordinate with the other contracting parties and not to be subordinated by the agreement or be subjugated by the other party. A good example is when the Philippines entered its membership into the United. Nations Organization. It did not subordinate itself to the powers of the United Nations but it merely coordinated with the organization for the attainment of a common goal. 3. Eclectic/Grotian School This is generally attributed to the works of Hugo Grotius (1583- 1645), a Dutch statesman. and jurist, a legal scholar, playwright and poet who is known as the “Father of International Law.” This posits a compromise between the two schools and considers International Law as binding because it is good and right and because it is agreed upon by the states. Functions of International Law International Law serves in many different ways but the goal is the attainment and maintenance of lasting world peace. Among the functions of International Law are: (a) to promote international peace and security; (b) to foster friendly yelations among nations; (©) to provide for orderly regulation of conduct of states in their mutual dealings; and (d) to ensure international cooperation in pursuit of certain common purposes of economic, social, cultural, and humanitarian objectives. Bases of Applying International Law in Local Jurisdiction jj. Thasilantion of international Liaw thiloee! sphere is based on doctrine of incorporation and the doctrine of transformation. 1, Doctrine of Incorporation ternational Le Scanned with CamScannerpuBLIC INTERNATIONS 12 i ine because it is man, ae 5 this doctrine ” 5 manda ‘The Pat he "1987 Constitution which provides i ion 8,27 5, . by Section «nines renounces war as an instrument of The Philipp ts the generally accepted principles naw al of the Jaw of the land ang of Internation or of peace, equality, justice, freedom, ion, and amity with all nations. Kellog-Briand Pact of 1928 ment of this constitutional provision is ay ‘The opening state! i 5 : it International Law particularly the Kellog-Briang adoption This i ty between the United States and othe; Pact of 1928. This is a trea' wee a eck providing for the renunciation of war as an instrument of national policy. It was signed in Paris, France on August 27, 1998, This treaty was attributed to the works of United States Secretary of State Frank B. Kellogg and French Foreign Minister Aristide Briand. Secretary of Justice v. Lantion, January 18, 2000 Under the doctrine of incorporation, rules of International Law form part of the law of the land and no further legislative action is needed to make such rules applicable in the domestic sphere. The doctrine of incorporation is applied ici eee ea ee ected ieee ai Gere appear to be a conflict between a rule of International Law e provisions of the Constituti Bffarts should frat bo ezarte tet a ion or statute ofa local state. to both eiuas 3 ‘monize them, so as to give effect ince it is presumed that municipal I: 1d with Proper regard for the generall neipal law was enacted wi Law in observance of the Inoogen se eet Internation? U of the Constitution fen eration Clause in Section 2, Artic 38 irreconcilable and a choi situation however, where the conflict International Law ond Nene Be © be made betwoen a rut ‘municipal law should beuphalg at Jurisprudence dictates that ns t such courts are org. pheld by the municipal courts for there" Pound by it in all circumstance vmmciPal Law and are accords imply an de art of the law The fact that International b*" Law eg PPiMACy of Internatin of the land does not pertain 1 a applied so, MBicipal sph, nal Law over national or Mun” in most _ Paete. The i i ion, 9 countries, demon”, doctrine of incorporatiny ees that rules of International 1 Scanned with CamScannerCHAPTER 2 SOURCES OF INTERNATIONAL LAW bg are given equal standing with, but are not superior to, national legislative enactments. Accordingly, the principle of lex posterior derogate priori takes effect — a treaty may repeal a statute and a statute may repeal a treaty. In states where the Constitution is the highest law of the land, such as the Republic of the Philippines, both highefes and treaties may be invalidated if they are in conflict with the Constitution. Tanada v. Angara, May 2, 1997 By their inherent nature, treaties really limit or restrict the absoluteness of sovereignty. By their voluntary act, nations may surrender some aspects of their state power in exchange for greater henefits granted by or derived from a convention or pact. After all, states, like individuals, live with co-equals, and in pursuit of mutually covenanted objectives and benefits, they also commonly agree to limit the exercise of their otherwise absolute rights. Thus, treaties have been used to record agreements between states concerning such widely diverse matters as, for example, the lease of naval bases, the sale or cession of territory, the termination of war, the regulation of conduct of hostilities, the formation of alliances, the regulation of commercial relations, the settling of claims, the laying down of rules governing conduct in peace and the estab- lishment of international organizations. The sovereignty of a state therefore cannot in fact and in reality be considered absolute. Certain restrictions enter into the picture: (1) limitations imposed. by the very nature of membership in the family of nations and (2) limitations imposed by treaty stipulations. 2. The Doctrine of Transformation Under the Doctrine of Transformation, the state adopts an International Law by enacting a statute that in efifect would convert an International Law principle to a Municipal Law of the state. The Purpose of such conversion is to make International Law valid and ig among the citizens of such state. raat Ren the Philippines -agrded tobe a/ member of the World Trade Organization on January 1, 1985, it bound itself to adhere to mem berahisas ene organization. One of the provisions for such 1 aaNea racy Protection afintellectual property. Tus, in ort Philippine Conan commitment to protect intellectual property, the ngress enacted Republic Act No. 8293 also known as Scanned with CamScannerPUBLIC. INTERNATIONAL LAW SIMPLIFIED 4 Code of the Philippines which Pena the Intellectual Property © and lig, the infringement of Copyright, Trade names Fademaniy well as Patents. 2008 Bar Examination Question No.1 a) The legal yardstick in determining whether Usage hag become Customary International Law is expressed in the ™axin opinio juris sive necessitatis or opinio juris for short. What does the maxim mean? b) Under International Law, differentiate “hard law” from “soft law.” Suggested Answer: a) International customs are resorted to in determining the justness of the actions of a state. Under the principle of opinio juris sive necessitatis (an opinion of law or necessity) a p: b) The term “soft law” refers to rules or quasi-legal instru- ments which do not have any legally binding force, or whose binding force is deemed weaker than the binding force of traditional law. The term “soft law” is traditionally associated with International Lav because it cannot be strictly enforced in the local jurisdiction. Hard law on the other hand, refers to actual binding legal instruments sag laws In contrast with soft law, hard law gives states and inter” term is eo eons actual binding responsibilities and rights. eas ate in International Law where there are no sovereift rule, instrumes att Ja means binding laws, To constitute a¥ in Tacuae $e decision must be authoritative and prescripti® Sia ra ‘aw, hard law includes self-executing treaties * ments result meen as well as customary laws. These inst Gates) and other uy CMforceable commitments for cous T international subjects. Scanned with CamScannerChapter 3 SUBJECTS OF INTERNATIONAL LAW ‘The subjects of International Law are those persons or entities who possess international personality. Throughout the 19th cen- tury, only states qualified as subjects of International Law. After, the Second World War, more and more new actors emerged in the international legal arena such as the inter-governmental organiza- tions created by states, non-governmental organizations (NGO's) created by individuals, multinationals and even natural persons. International Legal Personality An entity is a subject of International Law if it has “interna- tional legal personality.” In other words, subjects must have rights, powers and duties and must exercise them under International Law. The rights, powers and duties of different subjects change according to their status and functions. For example, an individual has the right of freedom from torture under International Law and states have a duty under International Law not to torture individuals or to send them to a country where there is a likelihood of that per- son being subjected to torture. This is a right under various agree- ments particularly the International Covenant on Civil and Political Rights, and the Customary International Law. Moreover, the Con- vention Against Torture and Cruel, Inhuman and Degrading Treat- ment obligate states not to torture individuals and to extradite or prosecute those who torture. Legal personality also includes the capacity to enforce one’s own rights and to compel other subjects to perform their, duties under International Law. This means that a subject of International Law should be able to: (1) bring claims before international and national courts and tribunals to enfo iri i yurt er suatien ree their rights, e.g., the International Cot Scanned with CamScanner(AL LAW SIMPL pUuBLIC INTERNATION me into agreeme, ility or power to co} n " a Nader {International Law; (2) have im the jurisdiction of foreign cou, (eeaties) that are bind () enjoy immunity fro! ‘ ) be subject to international obligations. subjects of International Law the following are the subjects of International Lay, Nowadays, State . The state is commonly defined as & community of persons, merous, permanently occupying 4 definite Portion f external control and possessing an ich the great body of inhabitants render more or less nu of territory, independent o organized government to wl habitual obedience. This is based on the declaration of Article 1 of the 1933 Montevideo Convention in Uruguay which provides that in order for an entity to be called and recognized as a person of International Law it should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states, also known as sovereignty. Colonies and Dependencies Generally, a colony is a territory under the immediate political sal ofa state, distinct from the home territory of the sovereign. * eure in antiquity, city-states would often found their owt on veal a me colonies were historically countries, while others bites ries without definite statehood from their inception. The Ppines was a colony of Spain for 333 years (1565-1898) and # colony of the Uni : oe United States of America for almost 50 years (189% Mandates A Leagi jue ic . established mae «Nations mandate refers to several terstares June 28, 1919, Upon ee 22ofthe Covenantof the League of Nations tions in 1948 gra ne eM into force of the Charter of the Unite » the mandates of the League of Nations (except {0% South-Weg t a ca) became . : ext Greed to earlier at the Yalta ee ‘Trust Territories, * Scanned with CamScannerCHAPTER 3 a SUBJECTS OF INTERNATIONAL LAW ni the territories subject to League of Nations mandates were previously controlled by states defeated in World War I, principally Prerial Germany and the Ottoman Empire. The mandates were ‘| from protectorates in that the Mandatory i reationa to the inhabitants of the territory and Ie eat Ba. The process of establishing the mandates Native () the formal removal of sovereignty of trolling states and (2) the transfer of mandatory al states among the Allied Powers. ‘The Vatican (Holy See) The term Holy See is derived from the Latin Sancta Cedes which literally means “Holy Chair.” This refers to the seat occupied by the incumbent Pope which according to Church tradition was first used by the very first Pope of the Catholic Church — Apostle Peter. ‘This tradition is traced to an event in the Gospel as recorded in ‘Matthew Chapter 16 verses 18-20: When Jesus came into the region of Caesarea Philippi, He asked His disciples, saying, “Who do men say that I, the Son of Man, am?” So they said, “Some say John the Baptist, some Elijah, and others Jeremiah or one of the prophets.” He said to them, “But who do you say that I am?” Simon Peter answered and said, “You are the Christ, the Son of the living God.” Jesus answered and said to him, “Blessed are you, Simon Bar-Jonah, for flesh and blood has not revealed this to you, but My Father who is in heaven. And I also say to you that you are Peter, and on this rock I will build My church, and the gates of Hades shall not prevail against it. And I will give you the keys of the Kingdom of heaven, and whatever you bind on earth will be bound in heaven, and whatever you loose on earth will be loose in heaven.” Then He commanded His disciples that they should tell no one that He was Jesus the Christ. The name “Vatican” is ancient and predates Christianity, vais a the Latin Mons Vaticanus, Vatican Hill. The territory Set wpa of the Mons Vaticanus, and of the adjacent Palace, the Sisti ids where St. Peter’s Basilica, the Apostolic various other maa chapel, and museums were built, along with gs. The area was part of the Roman rione of Scanned with CamScanner[ED PUBLIC INTERNATIONAL LAW SIMPLIFI 18 Borgo unti eing separated from the city, on the west ban {1 1929. Being separated from the cit th the Tiber river, the area was an outcrop of the city that was prote, , by being included within the walls of Pope Leo IV. ry 11, 1929, a Concordat was signed between Beni, Mossslat snd Pope Pius X1, also known as the Tg. Treaty oy 1929. This made Vatican an independent state. Spear Dg to the Lateran Treaty, certain properties of the Holy See that are located in Italian territory, most notably Castel Gandolfo and the Patriarcha Basilicas, enjoy extraterritorial status similar to that of foreig, embassies. These properties scattered all over Rome and Italy, house essential offices and institutions necessary to the character ang mission of the Holy See. Castel Gandolfo and the named basilicas are patrolled internally by police agents of the Vatican City State and not by Italian police. St. Peter's Square is ordinarily police jointly by both Italian Police and Vatican Police forces. Holy See v. Judge Rosario, Jr, December 1, 1994 This case involved an action for annulment of sale of land against the Holy See, as represented by the Papal Nuncio. The Court upheld the petitioner’s defense of sovereign immu- nity. It ruled that where a diplomatic envoy is granted immunity from the civil and administrative jurisdiction of the receiving state over any real action relating to private immovable property situ- ated in the territory of the receiving state; which the envoy holds on behalf of the sending state for the purposes of the mission, with all the more reason should immunity be recognized as regards the sovereign itself, which in that case is the Holy See. In Article 31(a) of the 1961 Vienna Convention on Diplomatic Relations a diplomatic envoy is granted immunity from the eivil and administrative jurisdiction of the receiving state over any real action relating to private immovable property situated in the territory the receiving state which the envoy holds on behalf of the sending ite for the Purposes of the mission. If this immunity is provi 7 or 2 diplomatic envoy, with all the more reason should immunity Fone a8 regards the sovereign itself, which in this case is th The United Nations The United Nations is an internati ization founde! i ernational organization foun’ 1 1945 after the Second World War by 51 eountries (including Scanned with CamScannerCHAPTER 3 SUBJECTS OF INTERNATIONAL LAW committed to maintaining jnternational peace and Philippines) ona fi ations among nations and promoting econ developing ee ats ond human rights. Due to social progres®, Ot tional character, and the powers vested in its its unique, interna™™G rganization can take action on a wide range founding Onarten, f° oruin for its 198 Member States to express of issues, and Prove? 1 General Assembly, the Security Council, their view® and Social Council and other bodies and committees. me work of the United Nations reaches every commer of the globe, Although best known for peacekeeping: pence-uilding, con: flict prevention and humanitarian assistance, there are nay be Act perverted Nations and its System (specialized senses Ways tne programs) affect our Lives and make the world a betes sins ‘The Organization works on a broad range of fundamen issues, from sustainable development, environment and refugees protection, disaster relief, counter terrorism, disarmament and non-proliferation, to promoting democracy, human rights, gender equality and the advancement of women, governance, economic and social development and international health, clearing landmines, expanding food production, and more, in order to achieve its goals and coordinate efforts for a safer world for this and future gen- erations. In 1899, the first International Peace Conference was held in ‘The Hague to elaborate instruments for settling crises peacefully, preventing wars and codifying rules of warfare. It adopted the Convention for the Pacific Settlement of International Disputes and established the Permanent Court of Arbitration, which began work in 1902. is The forerunner of the United Nations, was the League of Nations, an organization conceived in similar circumstances during the First World War, and established in 1919 under the Treaty of Versailles “to promote international cooperation and to achieve peace and Security.” The name “United Nations,” coined by United States President Franklin D. Roosevelt, was first used in the “Declaration by United Nations” of January 1, 1942, during the Second World War, when representatives of 26 nations pledged their governments to continue fighting together against the Axis Powers. In 1945, representatives of 50 countri i i 945, re ‘ies met in San Francisco. s the United Nations Conference on International Organization to ‘aw up the United Nations Charter. Those delegates deliberated on Scanned with CamScannerPUBLIC INTERNATIONAL LAW SIMPLIFIED 20 osals entatives of Chi . worked out by the representati ig the basis eae the United Kingdom and ne ere States a ie ee Oaks, United States, in August-October : Dumt a i ne 26, 1945 by the representati, te ile band was not represented. at e oF ane signed t later and became one of the original 51 meme" Naa, Shae grown into a membership of 193 States, Newest srarsher isthe Republic of South Sudan which became a member ¢ July 9, 2011. The United Nations officially came into existence on October 24, 1945, when the Charter had been ratified by China, France, hq Soviet Union, the United Kingdom, the United States and a majority ofother signatories. United Nations Day is celebrated on October 24 of each year. The United Nations Charter The Charter is the constituting instrument of the United Nations, setting out the rights and obligations of Member States, and establishing the Organization's organs and procedures, The Charter of the United Nations was signed on June 2, 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on October 24, 1945. The Statute of the International Court of Justice is an integral part of the Charter. Amendments to Articles 23, 27, and 61 of the Charter were adopted by the General Assembly on December 17, 1963 and came into force on August $1, 1965. A further amendment to Article 61 was adopted by the General Assembly on December 20, 1971, and Same into force on September 24, 1978. An amendment to Artic? 109, adopted by the General Assembly on December 20, 1965, cam? into force on June 12, 1968. jhe amendment to Article 23 enlanges the membership of tit ty Council from 11 to 15, The amended Article 27 provides that decisions of the Security Council on procedural matters sh! 2k made by an affirmative vote of nine members Gormeriy 20%) Cont tll other matters by an affirmative vote of nine membe LY seven), including the concurring votes ofthe five perma Members of the Security Council. Scanned with CamScannerCHAPTER 3 SUBJECTS OF INTERNATIONAL LAW * ‘The amendment to Article G1, which entered into force on August 31, 1965, enlarged the membership of the Economic and Social Council from 18 to 27. The subsequent amendment to that Article, which entered into force on September 24, 1978, further jnereased the membership of the Council from 27 to 64. ‘the amendment to Article 109, which relates to the first b of that Article, provides that a General Conference of Member States for the purpose of reviewing the Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any nine members (formerly seven) of the Security Council. Paragraph 3 of Article 109, which deals with the consideration of a possible review conference during the tenth regular session of the General Assembly, has been retained in its original form in its reference to a “vote, of any seven members of the Security Council,” the paragraph having been acted upon in 1955 by the General Assembly, at its 10th regular session, and by the Security Council. paragrap! Purposes of the UN ‘The Purposes of the United Nations are enumerated in Article Tof the UN Charter: 1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and International Law, adjustment or settlement of international dis- putes or situations which might lead to a breach of the peace; 2. To develop friendly relations among nations based on wanes for the principle of equal rights and self-determination of Peoples, and to take other appropriate measures to strengthen uni- versal peace; airs zt achieve international cooperation in solving interna- diabatter et of an economic, social, cultural, or humanitarian rights and rate Promoting and encouraging respect for human 1200, son eer fundamental freedoms for all without distinction a to » Janguage, or religion; and 4, T Pe § 1S the attainme be a center for harmonizing the actions of nations in ment of these common ends. Scanned with CamScannerLAW SIMPLIFIED PUBLIC INTERNATIONAL 28 Structure of the UN cipal organs of the United Nations, are the Security Council, Economic and Social C, ‘ational Court of Justice, and Secrencn however, is much larger, encom; ‘ariay d bodies. PASsing The six prin General Assembly, Trusteesh ‘The Unite' 15 agencies an‘ ip Council, Intern .d Nations family, d several programs ant Budget of the UN The main soi which are assess uree of funds is the contributi fae tern hh tthe encase 8 the capacity of countries which the seale of cate boost ia ative shares of total pay. This is determined b: 8 18 " ar idee ee ot Bross national prod y oreo tale ddition, countri of factors, includin; duct, adjusted to Version of the basie sea net i their per capita incom” scale — for the costs eee with a mos eeping operat io) Scanned with CamScannerCHAPTER 3 23 SUBJECTS OF INTERNATIONAL LAW The General Assembly ‘The General Assembly is the main deliberative organ of the UN and is composed of representatives of all Member States, The work of the United Nations year-round derives largely from the mandates given by the General Assembly. A revitalization of the Assembly is under way to enhance its role, authority, effectiveness and efficiency. It is composed of representatives of all member states, each of which has one vote. Decisions on important questions, such as those on peace and security, admission of new members and budgetary matters, require a two-thirds majority. Decisions on other questions are by simple majority. It is headed by a president who presides over its sessions in New York, USA. Carlos P. Romulo was the first Filipino and the first Asian to be elected as President of the General Assembly. He served as the President of the Fourth Session of United Nations General Assembly from 1949-1950, and chairman of the Security Council. Functions and Powers of the General Assembly The General Assembly of the United Nations has the following functions: 1. toconsider and make recommendations on the principles of cooperation in the. maintenance of international peace and security, including the principles governing disarmament and arms regulation; 2. todiscuss any question relating to international peace and security and, except where a dispute or situation is being discussed by the Security Council, to make recommendations on it; 3. to discuss and, with the same exception, make recommen- dations on any question within the scope of the Charter or affecting the powers and functions of any organ of the United Nations; 4. toinitiate studies and make recommendations to promote international political cooperation, the development and codification of International Law, the realization of human rights and funda- mental freedoms for all, and international collaboration in econom- ic, social, cultural, educational and health fields; 5. to make recommendations for the peaceful settlement of any situation, regardless of origin, which might impair friendly relations among nations; Scanned with CamScanner(FIED PUBLIC INTERNATIONAL LAW SIMPLII Py g. toroceive and consider reports from the Security Cony and other United Nations organs: to consider and approve the United Nations budget andi, ontributions among members; 7. ortion the e app 8, to elect the non-permanent members of the Security Couns, the members of the Economic and Social Council a, additional members of the Trusteeship Council (hen necessary) elect jointly with the Security Council the Judges ofthe Internation, Courtof Justice; and, on the recommendation of the Security Counei, to appoint the Secretary-General. The Security Council ‘The Security Council has primary responsibility, under the UN Charter, for the maintenance of international peace and security, j is so organized as to be able to function continuously, and a repre. sentative of each of its members must be present at all times at United Nations Headquarters. When a complaint concerning a threat to peace is brought before it, the Council's first action is usually to recommend to the parties to try to reach agreement by peaceful means. In some cases, the Council itself undertakes investigation and mediation. It may appoint special representatives or request the Secretary-General to do s0 or to use his good offices. It may set forth principles fora peaceful settlement. Economic and Social Council The Economic and Social Council (ECOSOC), established bY the UN Charter, is the principal organ to coordinate the economis social and related work of the United Nations and the specializ agencies and institutions. Voting in the Council is by sim?! majority; each member has one vote. The UN Charter established the Economie and Social Coty as the principal organ to coordinate economic, social, and reste “ork of the 14 UN-specialized agencies, 10 functional commiss’ And five regional commissions. The Council serves as the 0%) anim for discussing international economic and social ere Sratermulating policy. recommendations addressed to Meri, States and the United Nations system, Tt is headed by @ 2°° who serves a one-year term of office. Scanned with CamScannerCHAPTER 3 SUBJECTS OF INTERNATIONAL LAW of the United Nations, it is responsible for pro- moting higher standards of living, full employment, and economic ance mal progress, identifying solutions to international economic, social and health problems, facilitating international cultural and wperation, and encouraging universal respect for ducational 00] human rights and fundamental freedoms. It also has the power to assist the preparations and organiza- tion of major jnternational conferences in the economic and social and related fields and to facilitate a coordinated follow-up to these conferences. With its broad mandate the Council’s purview extends to over 70% of the human and financial resources of the entire UN system. As an organ Trusteeship Council The Trusteeship Council was established in 1945 by the UN Charter to provide international supervision for 11 Trust ‘Territories placed under the administration of seven Member-States, and ensure that adequate steps were taken to prepare the Territories for self-government and independence. By 1994, all Trust Territories had attained self-government or independence. The Trusteeship Council suspended operation on November 1, 1994, with the independence of Palau, the last remaining UN trust territory, on October 1, 1994. By a resolution adopted on May 25, 1994, the Council amended its rules of procedure to drop the obligation to meet annually and agreed to meet as occasion required —by its decision or the decision ofits President, or at the request of fy majority of its members or the General Assembly or the Security yuneil. Insetting up an International Trusteeship System, the Charter exapliene the Trusteeship Council as one of the main organs of the ace assigned to it the task of supervising the administration of t Territories placed under the Trusteeship System. of Nhe eg coals of the System were to promote the advancement Inosient abitants of Trust Territories and their progressive deve- Chment towards self government or independence. The Trusteeship is made up of the five permanent members of the Security Council chs Cotte gg hin® France, Russian Federation, United Kingdom and Scanned with CamScanner26 e been fulfilled sins of the Trusteship Sete ined self-govern<* The sims? trust Territories 6 or by joining neighh™ t that a jgher as separate Stat bonny independent countries. seat NADU ge eer the UN charter, the The Administering Auth ind discuss a8 social and educational advancen,/ on the political, enat Territories and, in consultation with a ae oles Sari, to examine petitions from and und lena eat ber special missions to Trust Territories. peri ‘The Secretariat The Secretariat carries out the day-to-day work of the Or, nization. It services the other principal organs and carries ou tasks as varied as the issues dealt with by the UN: administering peacekeeping operations, surveying economic and social trends preparing studies on human rights, among others. The Secretariat has a staff of about 8,900 under the regula budget drawn from some 170 countries. As international civil servants, staff members and the Secretary-General answer to the United Nations alone for their activities, and take an oath not to seck or receive instructions from any Government or outside authority. Under the Charter, each Member State undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and to refrain from seeking influence them improperly in the discharge of their duties. __ The United Nations, while headquartered in New York, mai iains @ significant presence in Addis Ababa, Bangkok, Beit Geneva, Nairobi, Santiago and Vienna, and has offices all over Secretary-General The ' by the ale General heads the Secretariat and is appoint sembly on the recommendation of the S Couneil for a five-year, renewable term. Prior to . a General of hice Moon, the following were the Secret January 1997 to De an (Ghana) who held office * Who held office from gene’ 2006: Boutros Boutros-Ghali C&T, Smuary 1992 to December 1996; Javier Scanned with CamScannerHAPTER 3 27 SUBJECTS OF INTERNATIONAL LAW de Cuallar (Peru), who served from January 1982 to December 1991; Kart Waldheim (Austria), who held office from January 1972 to December 1981; U Thant (Burma, now Myanmar), who served from November 1961, when he was appointed acting Secretary-General (he was formally appointed Secretary-General in November 1962) to December 1971; Dag Hammarskjéld (Sweden), who served from ‘April 1963 until his death in a plane crash in Africa in September 1961; and Trygve Lie (Norway), who held office from February 1946 to his resignation in November 1952. The duties carried out by the Secretariat are as varied as the problems dealt with by the United Nations. These range from administering peacekeeping operations to mediating international disputes, from surveying economic and social trends and problems to preparing studies on human rights and sustainable development. ications media Secretariat staff also inform the world’s communi about the work of the United Nations; organize international con- Foronces on issues of worldwide concern; and interpret speeches and translate documents into the Organization's official languages. ‘The Secretariat has a staff of about 8,900 under the regular budget drawn from some 170 countries. As international civil convents, staff members and the Secretary-General answer to the United Nations alone for their activities, and take an oath not to seek or receive instructions from any Government or outside authority. Under the Charter, each Member State undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and to refrain from seeking to influence them improperly in the discharge of their duties. International Court of Justice The International Court of Justice, located at The Hague, Netherlands, is the principal judicial organ of the United Nations. It settles legal disputes between states and gives advisory opinions to the UN and its specialized agencies. Its Statute is an integral part of the United Nations Charter. It began work in 1946, when it replaced the Permanent Court of International Justice which had functioned in the Peace Palace since 1922. Functions of the International Court of Justice .. The Court’s role is to settle, in accordance with International Law, legal disputes submitted to it by States and to give advisory Scanned with CamScannerLAW sIMPLIFIED [AL pnation! puBlic 8 «. py authorized UN sation referred to it by Ban 1 ques win etragentie® and dges elected to nine-year term, tion ju 7 is posed of ui 2 ‘al Assembly ene eeranlty Coungy the Unit other. It m# not include more jp, office bY on test * Court goer by a presi ie js jected to a t ee-year term of off, a inde ident WH 270 gars for one-third of the seats, fe ‘are held very tH, The Members of the Court do na, rei menments put are jndependent magistrates, the qualifications required in they countrit ment to the highest judicial office, be jurists of reco ized competence in International Law. When or be j include a judge possessing the nationality of , Court does not 1n¢ f the toa case, the said State may appoint a person to sit asa the purpose of the case. judges must possess The I antries for appoint State judge ad hoc for Jurisdiction In the exercise of its jurisdiction in contentious cases, the International Court of Justice has to decide, in accordance with International Law, disputes of a legal nature that are submitted to nal legal dispute can be defined as a dis it by States. An internatior agreement on a question of law or fact, a conflict, a clash of legal views or of interests. Only States may apply to and appear before the International other collectivities - of Justice. International organizations, a pate persons are not entitled to institute proceedings befor os fi sult 88 of the State defines the conditions of acces heen te court. While paragraph 1 of that Article ore ik access to the ee Statute, paragraph 2 is intended to ree The conditions are? ates Which are not parties 40 the Stat, Drovisions cease 20888 of such States are, subject % the sr, feat ta gene treaties in forge at the date ofthe ont the prouse that se be determined by the Security Cove i Position of inenusty ee sea such conditions place the pa equality before the Court. Scanned with CamScannerCHAPTER 3 SUBJECTS OF INTERNATIONAL Law 29 ‘The Court can only deal with a dispute when cerned have recognized its jurisdiction. No State sified : oa party to proceedings before the Court unless it has in some mater Tonsented thereto. The Court has no jurisdiction to deal mich applications from individuals, non-governmental organizations, corporations or any other private entity. It cannot provide them with egal counselling or help them in their dealings with the authorities of any State whatever. However, a State may take up the case of one of its nationals and invoke against another State the wrongs which jts national claims to have suffered at the hands of the latter; the dispute then becomes one between States. ‘The ICJ is the principal judicial organ of the United Nations and is an important international tribunal, becausé of its prestige and jurisdiction. All members of the United Nations are ipso facto parties to the Statute of the Court. The judges of the ICJ are appointed by the United Nations, not by the parties to a dispute. The ICJ has to apply the rules and principles of International Law, which are enumerated in Article 38 of the Statute of the Court; the parties have no choice in specifying the rules to be applied by the Court. The jurisdiction of the Court includes all disputes between States concerning the interpretation, of a treaty, any question of International Law, the existence of any fact constituting breach of international obligations, and the nature or extent of the reparation to be made for the breach of an international obligation. Filipino Member of the International Court of Justice Chief Justice Cesar Bengzon was the only Filipino to this date who was elected as member of the International Court of Justice. He was Chief Justice of the Philippine Supreme Court from April 28, 1961 until May 29, 1966. He served as ICJ judge from 1967 to 1976. 2006 Bar Examination Question No. IX ss 1. Where is the seat of the International Court of Justice? 2. How many are its members? (1%) 3. What is the term of their office? (1%) 4. Whois its incumbent president?. (1%) 5. What is his/her nationality? (1%) Scanned with CamScanner|ATIONAL LAW SIMPLIFIED * PUBLIC INTERN i filed with the Internat In 1980, the United States M iong fs f Fontics ‘a complaint against Iran alleging that the lay, ap catbiag ‘American diplomats in violation of International Leet Boplein how the International Court of Justice can acquire jy,;,” diction over these contending countries. (5%) Suggested Answer: 1. In Peace Palace, The Hague, Netherlands 2, Tt is composed of 15 judges 3, Term of office — nine years 4, In 2006, the President was Rosalyn Higgins 5. She is a British. 6. The ICJ acquires jurisdiction over a case if it is fil led by a State eligible to appear before the Court in contentious cases, ‘The Court can only deal with a dispute when the States concerned have recognized its jurisdiction. No State can therefore be a party to proceedings before the Court unless it has in some manner or other consented thereto. International Administrative Bodies . Permanent international commissions and administrative bodies have been created by the agreement of a considerable eae of States for a variety of international purposes, economic re = no nay non-political. Among the notable instances are ere anal abor Organization, the International Institute pores etal Danube Commission. Insofar as they iting Het i eyond the'control of any one State, they have the State ote al Personality independent of the municipal lat a authority ther ete aro situated. As such, according to one leadiné personality of their own "(Sal be gergeet rented war : longa and Yap, Public Internation Southeast. ‘Asian Fi Fisher tment v. Nation sp evelopment Center-Aquaculture 14, 1992 ‘al Labor Relations Commission, Februa!! __, One of the basic i is immunity from Toca nunities of an international organisa’ jutisdiction, ie, that it is immune from Scanned with CamScannerCHAPTER 3 31 gUBJECTS OF INTERNATIONAL LAW . esses issued by the tribunals of the legal writs i Pie obvious reason for this is that the cabiedtign where it is veganization 10 the authority of the local courts would of such an venient medium through which the host government may afford a conven erations or even influence or control its policies f the organization; besides, such subjection to local jurisdiction would impair the capacity of such body to discharge its responsibilities impartially on behalf of its member-states. Belligerent Communities In International Law, belligerency is the status of parties legally at war. Belligerency exists in a war between nations or in a civil war if the established government treats the insurgent force as if it were a sovereign power. The rules of International Law, as formulated at the Hague Conferences, require that belligerency between states be preceded by an absolute declaration of war or an ultimatum prescribing the terms on which the issuing power will refrain from war. When belligerency has been established, the relations between the warring powers are determined by the laws of war. Individuals In the international sphere, traditionally, the only means available for individuals to bring a claim within the international legal system has been when the individual is able to persuade a government to bring a claim on the individual’s behalf. Even then, it is not the individual's rights that are being asserted, but rather, the state’s own rights. (Vi _ April 28, 2010) (Vinuya v. Executive Secretary, G.R. No. 162230, Scanned with CamScanner