LESSON 2

They are marked by grand peace settlements:

Public International Law  Treaties of Westphalia (1645-48)
 Regulates the relations between states and other  Treaties of Ryswick and Utrecht (1697/1714)
entities that have been granted international  Vienna (1814-15)
personality.  Paris (1919)
 Was introduced by Jeremy Bentham in 1870  San Francisco (1945) or UN Charter of 1945
 May also cover MNCs due to global trade
 In the 21st Century: global trade, environmental Public vs Private
deterioration, awareness of human rights violations, Public Private
increase international transportation and Character International Municipal
communications Private
 Combines two branches: States or individuals
law of nations / jus gentium based on customary Parties
sovereign has foreign
law element only
jus inter gentes based on international agreements Dealings State Individual
& conventions thought to be held in common by all Amicable or
nations. Local
hostile
Breach/Violation Municipal /
methods of
History and Evolution of Public International Law Tribunals
settlement
 Treaty of Westphalia (1648) - established the Law making
principle of state sovereignty as a cornerstone of Sources Sources of PIL authority of
international order. each state
 State Sovereignty - responsibility and legal
authority of an independent state to govern its Divisions of International Law
boundaries without foreign intervention. 1. Laws of Peace
 Suarez: ius inter gentes (moder international law), Rules being followed by the state on their day-to-
ius intra gentes derived from ius gentium (rights of day dealings with each other in times of peace
the people) 2. Laws of War
 Most prominent early theorist: Francisco de Vitoria Concerning acceptable justification to engage in
& Francisco Suarez. war (jus ad bellum) and the specific limitations of the
 In 1625, Hugo Grotius -Father of International conduct of warfare is known as International
Law, wrote the first systematic treatise (de iure belli Humanitarian Laws (jus in bello)
ac pacis (The Law of War and Peace). In his 3. Laws of Neutrality
treatment, he said that IL is not exclusively based Conduct that must be observed by neutral states in
on natural law but states could create binding rules their dealings with belligerents who are fighting each
of law (ius voluntarium) other. Attitude of Impartiality.
 World War 1 led to establishment of League of
Nations to maintain world peace Bases of International Law
 Paris Peace Treaties attended by diplomats from 1. The Law of Nature School
29 countries Based on natural universal principle of right and
 September 28 1934 - February 23 1935, there are wrong independent of mutual intercourse or compact
58 members of the League of Nations discovered and recognized by every individual through
 Its goals are to prevent war and settlement of the use of his reason and conscience. A moral theory of
international disputes through negotiation and law.
arbitration 2. The Positivist School
 League of Nations failed to prevent Adolf Hitler Agreement of the stated bound by such covenants.
 1939-1945 is World War ll Agreements must be voluntarily agreed upon by the
 It formed the Allied (Great Britain, US, Soviet parties involved. Purpose is to coordinate not to be
Union) and Axis (Germany, Italy, Japan) subordinated nor subjugated by other party. Ex.
 Resulted to UNITED NATIONS for international Membership to UN
cooperation 3. Eclectic/Grotian School
 Soviet And US are rival superpowers that led to Hugo Grotius (1583-1645) who is known to be
cold war that lasted for 46 years. Cold War, the Father of International Law. A compromise as it is
open yet restricted rivalry that developed after binding because it is good and right and it is agreed
WWII between the United States and the Soviet upon by the involved parties.
Union and their respective allies. The Cold War was
waged on political, economic, and propaganda Functions of International Law
fronts and had only limited weapons. a. Promote international peace and security
b. To foster friendly relations among nations
Periods of History of IL (Wilhelm Grewe and Karl- c. To provide for orderly regulation of conduct of states
Heinz Ziegler) in their mutual dealings
 Spanish Era (1494-1648) d. To ensure international cooperation in pursuit of
 French Era (1648-1789/1815) certain common purposes economic, social, cultural, &
 English Era (1789/1815-1919) humanitarian objectives.
 American Era (since 1919)

LESSON 3
Sources Of International Law
Article 38 of the Statute of the International Court of
Justice
1. To decide in accordance with IL
2. Shall not prejudice the power of the Court to decide a
case ex aequo et bono (according to the right and
good),
Primary Sources
1. Treaties and Conventions. Legally binding contracts
between states.
a. Are voluntarily entered into by states and
encapsulates express obligations entered into,
2. International Customs. General and consistent
practice of states which they follow from a sense of legal
obligation.
a. These are the consistent practice of states adopted
over several years
b. Is usually invoked where there are no treaties that
exist to cover a particular issue or situation.
c. A custom need not be worldwide as it can be
limited to a region only
Jus cogens or compelling law by acceptance and
usage by the international community and are
considered as non-derogable rights.It bind the states
regardless of whether or not the states have codified
these laws acceded to them via treaties.
Vienna Convention on the Law of Treaties, any
treaty which conflicts with a peremptory norm is void.
Opnio juris sive necessities (an opinion of law or
necessity) a particular action was carried out because it
was a legal obligation.
Opinio juris, state must act in compliance with the
norm and a sense of legal obligation.
3. General Principles of Law Recognized by Civilized
Nations. Based on Article 38 (1c) of the ICJ Statues, the
general principles of law recognized by civilized nations
is the third principle source of International law.
a. These are the accepted principles of law under
major legal systems e.g. all states created equal
Subsidiary Source
1. Decisions of Courts. Decisions of the International
Court of Justice and other international Tribunals are
given weight. Decisions of municipal or domestic courts
are given lesser weight except if they pertain to
precedent-setting cases such as the POQUETE
HABANA CASE
2. Teachings of Publicists. The court shall apply “the
teachings of the most highly qualified publicists of the
various nations. As subsidiary means for the
determination of rules of law. It is considered as
scholarly works and have been resorted to in deciding
complex issues in IL. Not treated with the same
authority.
Treaties And International Conventions
Treaty. Is an international agreement concluded
between states in written form and governed by
International Law. (Article 2.1[a], Vienna Convention on
the Laws of Treaties. Main source of IL.
1969 VCLT. Governing IL as regards treaties. They are
written, legally binding instruments setting out the rights
and obligations of parties. Conventions, covenants, or
protocols.
 Can be compared to contracts
 Usually starts with a preamble describing the
parties and their objectives.
 the end iof a treaty comes eschatocol or closing
protocol ‘in witness whereof’ ‘in faith whereof’.
Treaty Making Process
1. Negotiations. In bilateral treaty, the states ask
another state to enter into binding agreement. In
multilateral treaty, several states negotiate and attend
conferences administered by international organizations.
2. Adoption of Treaties. In an international conference,
2/3 of votes is needed to adopt the treaty. It does not
bind and simply means that the participants find the text
acceptable. A resolution must be met. (Article 9)
3. Authentication. Governed by Article 10. Affixing of
Signatures.
4. Ratification. An authoritative act whereby a state
declares to the international community that it binds
itself by the treaty. Dependent on the local laws. Section
21, Article VII of the 1987 Constitution ‘No trety or
international agreement shall be valid and effective
unless concurred in by at least 2/3 of all the members of
the state’
5. Registration with the UN. To inform the UN of the
existence of the treaty.
6. Accession. A state may declare its intent to be bound
by the treaty based on the methods often specified in
the treaty itself.
 Concordat. An agreement between Pope and
government for the regulation of Church affairs,
between ecclesiastical and civil powers to regulate
matters under the jurisdiction of both. Lateran
Treaty of February 11 1929.
 Protocol de Cloture. Instrument which records the
winding up of the proceedings of the diplomatic
conference and usually includes a reproduction of
the texts of treaties, conventions, recommendations
and other acts agrred upon and signed by the
plenipotentiaries attending the conference.
Types of Treaty
1. Bilateral. Concluded between to states or entities.
Visiting Forces Agreement between Philippines and
USA.
2. Multilateral. Concluded among several countries.
Charter of UN.
Functions of Treaty
1. Sources of IL
2. Charter of International Organizations
3. Regulates Commercial Relations
4. Intrument to transfer territories
5. Settle disputes
Doctrines of Treaties
1. Jus cogens. Compelling law. Any country may not
violate the higher law. Genocide and slavery goes
against it. Do not admit derogation and can be modifies
only by general international norms of equivalent
authority.
2. Pacta sunt servanda. Promises must be kept and it
is based on good faith. Nonfulfillment means breach of
the pact. But limited by jus cogens.
3. Clausnla rebus sic stantibus. Things thus standing.
Allows treaties become inapplicable because of a
fundamental change of circumstances.
4. Most favored nation clause. A status or level of
treatment accorded by one state to another in
international trade.
Requisites of a Valid Treaty
1. it is entered into by parties with treaty making capacity
2. The treaty is entered into by their organs or
representative
3. Treaty was without attendance of duress, mistake or
fraud or voice of consent.
4. Treaty has a lawful subject matter and object
5. Treaty was ratified in accordance with their respective
constitutional process.
Lesson 4
Air Freedom - Five Air Freedoms
The International Convention on Civil Aviation
on December 7, 1944, states that “the contracting
parties recognize that every state has complete and
exclusive sovereignty over the air space above its
territory” but this shall not include outer space, which is
considered res communes. Hence, the right of innocent
passage is recognized in the air space of a state.
Five Air Freedoms
Although there is no right of innocent passage in air
space, the following freedoms are recognized:
1. The freedom to fly across foreign territory
without landing;
2. The freedom to land for non-traffic purposes;
3. The freedom to put down traffic originating in the
state of aircraft;
4. The freedom to embark traffic destined for the
state of the aircraft;
5. The freedom to embark traffic destined for, or to
put down traffic coming from a third state.
Jurisdiction over Aerial Domain - It has been the
consensus among states that the subjacent state has
jurisdiction over the airspace above it to the upward
limits of the atmosphere. Hence, no foreign aircraft, civil
or military, may pass through the aerial domain of a
state without its consent. The right of innocent passage
is not recognized in any manner over the airspace of a
state.
The Outer Space Treaty - Based on the Declaration of
Legal Principles Governing the Activities of States in the
Exploration and Use of Outer Space.
Principles:
1. the exploration and use of outer space shall be
carried out for the benefit and in the interests of all
countries and shall be the province of all mankind;
2. outer space shall be free for exploration and use by
all States;
3. outer space is not subject to national appropriateness
by claims of sovereignty, by means of use or
occupation, or by any other means;
4. states shall not place nuclear weapons or other
weapons of mass destruction in orbit or on celestial
bodies or station them in outer space in any other
manner;
5. the Moon and other celestial bodies shall be used
exclusively for peaceful purpose;
6. astronauts shall be regarded as the envoys of
mankind;
7. states shall be responsible for national space
activities carried out by governmental or non-
governmental entities;
8. states shall be liable for damage caused by their
space objects; and
9. states shall avoid harmful contamination of space and
celestial bodies
The convention on registration of objects launched
into outer space
 Adopted by the United Nations General Assembly
(1974)
 Ratified by 61 states (by 2014)
 Member States conducting space launches have
been requested by the Committee to provide the
United Nations with information on their
launching.
 The Registration Convention provides that the
Launching State should furnish to the UN with the
following information concerning each space
object:
1. Name of launching state
2. An appropriate designator of the space
object or its registration number
3. Date and territory or location of launch
4. Basic orbital parameters including:
 Nodal period - time between two
successive northbound crossings of the
equator
 Inclination - inclination of the orbit, polar
orbit is 90 degrees and equatorial orbit
is 0 degrees
 Apogee - highest altitude above earth’s
surface
 Perigee - lowest altitude below earth’s
surface
5. General Functions of the Space objects
Sanctions:
1967 Outer Space Treaty
The fact that the treaty's terms are not legally
enforceable and are therefore theoretically nonbinding
on the state parties is one of its main flaws. Pacta sunt
servanda, an archaic concept of international law that
asserts that agreements must be upheld by
governments, is the foundation of the 1967 Outer Space
Treaty.
ARCHIPELAGO DOCTRINE
Archipelago - The word Archipelago literally means
“chief sea” from Greek arkhon (arkhi) meaning ladder
and pelagos meaning sea.
A group of islands including parts of islands
interconnecting waters and other natural features which
are so closely interrelated that such islands, waters and
other natural features  form an intrinsic geographical,
economic and political entity, or which historically have
been regarded as such.
Kinds of Archipelago
 Coastal Archipelago – situated close to a mainland
and may be considered a part thereof
 Mid-ocean archipelago – situated in the ocean at
such distance from coasts or firm land
Archipelago Doctrine
This doctrine states that the baseline from which
the inland and territorial sea of an archipelago is to be
determined consists of straight lines joining appropriate
points of the outermost islands or edge of an
archipelago. Connected baselines which are drawn to
enclose the entire archipelago define the internal waters
while the waters from the baselines up to the
international treaty represents the territorial sea of the
country
Arturo Modesto Tolentino
 The father of the Philippine “archipelagic doctrine”
and expert on the law of the sea. He headed the
Philippine delegation to all UN conventions on the
law of the sea
INTERNAL WATERS
Covers all water and waterways on the
landward side of the baseline. Coastal state is free to set
laws, regulate any use, and use any resource. Foreign
vessels have no right of passage within this water.
However, right of innocent passage as provided in the
Convention shall exist in those waters base on article 8
of UNCLOS
Straight Baseline Method
Straight Baseline should be drawn to connect
appropriate points of the outer most islands without
departing radically from general direction of the coast for
the entire archipelago be encompassed as one whole
territory.
Scope of Internal or National Waters
1. River – natural watercourse, usually fresh water,
flowing towards and ocean, lake sea or another
river.
 Thalweg Doctrine – absence of an
agreement b/n riparian states, boundary
line is laid on the middle of the main
navigable channel.
 Middle of the Bridge Doctrine – if there is
a bridge over the boundary river,
boundary line is middle or center of the
bridge.
2. Bay – area of water bordered by land on three
sides. Gulf (large bay) and Fjord (Narrow Bay) -
sides are relatively steep.
3. Gulf – large bay, arm of an ocean or sea.
4. Strait – narrow channel of water that connects
two larger bodies of water and thus lies between
two landmasses.
ARCHIPELAGIC WATERS
A baseline is drawn between the outermost points of
the outermost islands, subject to these points being
sufficiently close to one another. It is also used to chart
its territorial waters and EEZ. All waters inside the
baseline is described as Archipelagic Waters.
Territorial Sea
The territorial sea is the belt of the sea located
between the coast and internal waters of the coastal
state on the one hand and the high seas on the other,
extending up to 12NM from the low water mark or in the
case of archipelagic states, from the baselines.
In its Territorial Sea, a states is free to:
 set laws
 regulate any use
 use any resources
RIGHT OF INNOCENT PASSAGE
It is defined by the convention as passing through
waters in expeditious and continuous manner, which is
not “Prejudicial to the peace, good order or the security”
of the coastal state. Fishing, polluting, weapons practice,
spying are not innocent.
It means navigation through the territorial sea of a state
for the purpose of traversing that sea without entering
internal waters…as long as it is not prejudicial to the
peace, good order or the security
JUSTIFICATION OVER MARITIME SPACE
Additional Information
In UNCLOS 1 (1950) Four Justifications were produced
on
 The territorial sea and the contiguous zone
 The high seas
 Fishing and conservation of the living resources of
the high seas
 The continental shelf
Maritime Zones - They are drawn using what the LOSC
calls “baselines”.
A. Contiguous Zone
 12 NM limit from the territorial sea
 This area is where States can enforce laws to
prevent criminals from fleeing into and out of the
territorial sea
 Under UN Convention on the Laws of the Sea,
coastal states may exercise control to prevent
infringement of its customs, fiscal, immigration
and sanitary regulations and punish the said
infringement
Jurisdiction - Unlike the territorial sea, This zone only
gives jurisdiction to a state within its ocean/s surface
and floor and does not provide air and space rights
B. Exclusive Economic Zone
 It extends 200 nautical miles from the baseline. It
is where coastal states may have a SOLE right
over all natural resources (living or non-living).
 EEZ only allows for the previously mentioned
resource rights and the law enforcement capacity
to protect those rights. It does not give a coastal
State the right to prohibit or limit freedom of
navigation or overflight, subject to very limited
exceptions (TUFTS: Laws of the Seas, 2022)
Jurisdiction - For coastal states, the have the
sovereign rights to explore and exploit, conserve and
manage its natural resources (living or non living)
produce energy from its current, wind, etc. For other
states, they have only have the freedom of navigation
and overflights, installation of submarine cables or pipes
and other LAWFUL purposes.
C. Continental Shelf
 It is the Natural Prolongation of the land territory to
its continental margin’s outer edge
 The LOSC allows a State to conduct economic
activities for a distance of 200 nautical miles
from the baseline, or the continental margin
where it extends beyond 200 nautical miles
(TUFTS: Laws of the Seas, 2022) but not
exceeding to 350NM
 International Seabed Authority- established general
obligation for safeguarding the marine
environment and freedom of scientific researches
on the high seas
 Landlocked states have the right to access to and
from the sea, without taxation of traffic through
transit
Jurisdiction- Coastal states can enjoy the right of
exploitation of its natural resources within its continental
shelf. In case the continental shelf is shared with
another state, there should be an agreement of
boundary with equitable principles.
D. High seas or open seas
 Res communes or res nullius, meaning it is NOT a
territory of any state
 Waters that do not constitute the internal waters,
archipelagic waters, territorial sea, and exclusive
economic zone of a state (Albano, 2022)
Jurisdiction
 Over its vessels
 flag state- has jurisdiction over its public vessel
whether they are in its territory or territory o
other states
 Merchant vessels- has jurisdiction when they
are within its territory, when jurisdiction is
cannot be exercised by its territorial
soverighnty, and when vessel are on the open
seas
 Over pirates
 enemies of all mankind, committed for private
ends
 They may be captured by the vessel of any
state
 In the exercise of the right of visit and search
 under the laws of neutrality, public vessels or
aircraft of a belligerent state may visit and
search any neutral merchant vessels on the
open seas.
 Under the doctrine of hot pursuit
if an offense is committed by a foreign
merchant vessel:
 pursuit must begin before the offending vessel
has left the territorial
 pursuit must be continuous or unabated
1. PHILIPPINE BASELINE LAW
The Philippine Baselines Law or also known as the
Republic Act 9522 serves as the country's maritime
jurisdiction and means to establish maritime boundaries
with neighboring coastal states. It is an act to amend
certain provisions of RA 3046 as amended by RA 5446
to define the Archipelagic Baselines of the Philippines.
Prior to RA 9522, the Philippine baseline law is not
compliant with UNCLOS. RA 9522 Establishes 101
Basepoint around the Philippine Main Archipelago. The
basepoints consist of the outermost islands connected
by straight lines.
2. REGIME OF ISLANDS
Article 121 of the United Nation Conventions on the Law
of the Sea (UNCLOS) defines ‘regime of island’ as:
1. An island is a naturally formed area of land,
surrounded by water, which is above water at
high tide; An island is basically a small land that
can be habitable by humans.
2. Except as provided for in paragraph 3, the
territorial sea, the contiguous zone, the exclusive
economic zone, and the continental shelf of an
island are determined in accordance with the
provisions of this Convention applicable to other
land territory;
3. Rocks which cannot sustain human habitation or
economic life of their own shall have no exclusive
economic zone or continental shelf.
Magallona V Ermita, G.R. No 187617, July 16 2011
This case basically tackles about UNCLOS III. It is a
multilateral treaty regulating, among others, sea-use
rights over maritime zones.
ISSUE:
Whether R.A. 9522 is constitutional
Petitioner assails constitutionality of the law
three main reasons:
1. reduction of Philippine Maritime Territory
2. undermining of sovereignty and security
3. weaken our claim over territories
RULING:
1. UNCLOS III is a codified norm
2. legislature can enact legislation
3. should follow natural configuration
The right of innocent passage is a matter of
customary international law and thus part of
Philippine law and applies both in the archipelagic
waters and territorial sea of the Philippines
3. KALAYAAN ISLANDS
 Is a coastal municipality of Palawan
 Has a land area of 290 square kilometers that
make up 1.98% of Palawan’s total area
 Located at the north of Spratly Islands
 Within the West Philippine Sea
 Malaysia lay claim on parts of the Kalayaan
Islands while China and Taiwan claim the
whole of the Island
 Philippines has sovereign rights over the West
Philippine Sea under the UNCLOS’s 200 NM
EEZ. Despite this, China continues its
 operation in the area even building military
bases in it.
4. SCARBOROUGH SHOAL
 A triangle-shaped chain reefs and rocks or very
small islands 55 km in circumference
 About 123 mi west of Subic Bay
 Palauig, Zambales (137 mi) – the nearest
landmass to Scarborough
 Name was taken after the East India company
tea-trade ship Scarborough that hit the rocks
on September 12, 1784 in which everyone on
board perished
 Philippines’ assertion of sovereignty over the
shoal is based on the juridical criteria
established by Public International Law
Ruling of the Arbitral Tribunal
a. Historic rights and the Nine Dash-Line
- No legal basis for China to claim historic rights
b. Status of Features
- Reefs have been heavily modified by land
reclamation and construction
c. Lawfulness of Chinese Actions
- Chinese law enforcement vessels created risk
of collision
d. Harm to Marine Environment
- China had caused severe harm to the coral reef
environment
e. Aggravation of Dispute
- Lacked jurisdiction to consider between the
Philippine marines and Chinese naval and law
enforcement vessels
Lesson 5 - The State
State - a community of persons, more or less numerous,
permanently occupying a definite portion of territory,
independent of external control and possessing an
organized government to which the great body of
inhabitants.
Article I of the 1933 Montevideo Convention in Uruguay
In order for an entity to be called and recognized as
a person of IL, it should possess the ff:
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
Act of State Doctrine - Every state is bound to respect
the independence of every other sovereign state, and
the courts will not sit in judgment of another
government’s acts done within its own territory.
(Twomey, 2011)
 No state has further jurisdiction over another
state also known as maxim par in parem non
habet imperium in Latin.
 Acts carried out by a state in the exercise of its
sovereign powers are exempted form the
jurisdiction of other states by virtue of their very
nature.
 Example. Case of Banco Nacional de Cuba v.
Sabbatino
Recognition of States - It is an act by which a state
acknowledges the existence of another state,
government or belligerent community and indicates its
willingness to deal with the entity under the rules of IL.
Authority to Recognize Another State - The authority
who is tasked to recognized another state is a matter to
be determined according to the municipal law of each
state.
Theories On Recognition of States
1. Declaratory School - states that recognition only
affirms existing fact, like possession by the state of
essential elements. It is discretionary and political.
 Montevideo Convention of 1933
2. Constitutive School - provides that recognition is the
act which constitutes the entity into an international
person. It is compulsory and legal.
 This theory defines a state as a person of IL if,
and only if, it is recognized as sovereign by
other states.
The Elements of the State
1. Permanent Population - a state is compromised by
all persons who inhabit the territory of a state in a
permanent way. Population need not to be
homogeneous. Requirement of population is not
equivalent to requirement of nationality.
 Citizen and Subjects - people of state are
referred as citizens. And citizens are:
 Entitled to the rights and privileges of a
freeman.
 Natural-born or naturalized
 Citizenship is the satatus of a person
recognized under the custom or law of a
state that bestows on that person the
rights and privileges of membership in a
political community.
 A person may have multiple citizenship.
 Nationality - membership in a political
community with corresponding rights and
obligations. It is interchangeable with
citizenship.
2. Territory - fixed portion of the surface of the earth
inhabited by the people of the state. A geographical area
that is owned and controlled by the state in order to
exercise it sovereignty.
 Territory of Philippines: Article I of the 1987
Constitution.
 Terrestrial or Land Domain - derived from latin
terrestris -- from terra which means earth.
Terrestrial domain refers to the land mass.
 Exemption from Territorial Jurisdiction:
 Foreign states, head of states, diplomatic
representatives and consuls to a certain
degree
 Foreign state property, including
embassies, consulates and public vessels
engaged in non-commercial activities
 Acts of state
 Foreign merchant vessels exercising the
rights of innocent passage or arrival under
stress
 Foreign armies passing through or
stationed in its territories with its
permission
  Such other persons or property, including
organizations like the UN, over which it
may, by agreement, waive jurisdiction.
Modes of Acquiring of Land Territory
1. Discovery and Occupation - a territory not
belonging to any state (terra nullius), is placed under the
sovereignty of the claiming state. Discovery creates an
inchoate right but it must be occupied.
 Possession and Administration - must be
claimed on behalf of the state represented by
the discoverer. May be effected through formal
proclamation and the symbolic act of raising
the national flag. Both requisites must concur
or it will not be acquired.
 Inchoate Title of Discovery - when a state
discovers a territory but does not take steps to
actually administer, it merelt acquires an
inchoate title of discovery. It will serve as a bar
to the other state who are also interested. It
may be forfeited.
2. Prescription - may be acquired through continuous
and uninterrupted possession over a long period of time,
just like in civil law. In IL, there is no rule of thumb as to
the length of time needed for acquisition of territory.
 Grotius Doctrine of Immemorial Prescription -
speaks of uninterrupted possession going
beyond memory may be invoked.
3. Subjugation - It is deemed acquired when one state
is conquered in the course of war and is thereafter
annexed to and placed under the sovereignty of the
conquering state. This mode is no longer recognized
(UN Charter).
 The Crimean Peninsula
4. Cession - It is assignment of property to another
entity. In IL, it refers to land transferred by a treaty.
Transfer of sale or donation. May be voluntary or forced.
 The Purchase of Alaska
5. Conquest - mode of acquisition is no longer
recognized.
 Stimson Doctrine - forbade recognition of any
government set up through external
aggression.
 The Hawaiian Annexation
6. Accretion - increase in the land area of the state
through natural means or artificially through human
labor.
7. Prescription - happens through passage of time
when sovereignty is acquired over another country’s
landed territory by that country’s silence. “Adverse
possession”
Loss of Land Territory
1. Abandonment or Dereliction - physical withdrawal
by a state from territory with the intention of relinquishing
or abandoning all legal claims over it. Dereliction is to
make the territory terra nullius and therefore, subject
again to occupation by other states. Two conditions: act
of withdrawal and intention to abandon.
2. Cession - purchasing and selling
3. Subjugation - being conquered.
4. Prescription
5. Revolution - when the inhabitants of a particular
territory revolt against it and removing such territory from
its jurisdiction.
6. Natural Causes - submersion of islands
The Doctrine of Effective Occupation
The nationals of the discovering state, in its name
or by its authority, must first take possession of the
territory.
Effect of Change in Government
Rights of the predecessor government are
concerned, they are inherited in too by the successor
government. Must be ratified in a plebiscite. New
government may reject obligations of the predecessor
government.
Doctrines on Recognition of Government
Recognition is the free act by which one or several
states acknowledges that a person or a group of person
is capable of binding the government which they claim to
represent and witness their intention to enter into
relations with them.
Estrada Doctrine - Derives from Genaro Estarda (1887-
1937). A policy of never issuing any declaration giving
recognition to governments and of accepting whatever
government is in effective control without raising the
issue of recognition.
Stimson Doctrine - Henry Lewis Stimson (1867-
1950).A policy of the US. Application of the principle of
ex injuria jus non oritur (unjust acts cannot create law)
Kinds of Recognition of Government
1. De Facto Recognition- some of the requirements for
recognition is absent
- Provisional and limited to certain judicial relation
2. De Jure Recognition- fulfilling the requirements for
recognition
Requisites for De Jure Recognition
1. There is government that is stable and effective
2. No substantial resistance to its authority
3. gov. must show willingness and ability to discharge
its international obligations
4. gov. must enjoy popular consent
*absence of one may lead to recognition de facto
Effects of Recognition of a State or Government
1. establishment of diplomatic relations
2. right to sure in courts of recognizing state
3. right to possess the properties of predecessor on
the recognizing state
4. all acts of the recognized state are validated
retroactively
Sovereignty- supreme power of the state to enforce its
will on its members within its jurisdiction to have
freedom from foreign control. It has the power to rule
and make law.
A. INTERNAL- enforce laws within territorial jurisdiction
- Known as police power
B. External- power of state free from external or
foreign control.
- Known as independence
Effect of Change in Sovereignty
1. Political laws- suspended. Applicable to civilians
only and not a member of the armed forces, except
laws and treason
2. Non political laws- not affected
3. Judicial laws- valid during the occupation and even
beyond it
Principle of State Continuity
- The disappeqrance of any element of statehood
would cause the extinction of the state but mere
changes in one or more of those elements would not
necessarily, as a rule, bring about such extinction.
Creation of a State
1. Peaceful acquisition of independence
EXTINCTION OF A STATE
1. Voluntary dissolution
Belligerency- status of parties legally at war
Derived from latin bellum gerere meaning to wage war
Recognition of belligerency- formal acknowldgement by
a third party of the existence of a state of war between
the central government and a portion of that state
CONDITION OF RECOGNITIONOF BELLIGERENCY
1. They must have an organized civil government
2. Occupation of a substantial portion of the national
territory
3. Willingness on the part of the rebels to observe the
rules/customs of war
Can be express or implied
EFFECTS OF RECOGNITION OF BELLIGERENCY
- When the belligerents are recognized by another
state, the responsibility for acts of the rebels
resulting in injury to nationls of the recognizing state
shall be shifted to the rebel gov.
- The legitimate gov recognizing the rebels shall
observe the laws of war in conductig hostilities
- The third state recognizing the belligerency shall
maintain neutrality
- Recognition is only provisional
Lesson 6 - Subjects of International Law
International Legal Personality - an entity is a subject
of International Law if it has “international legal
personality”. Subjects must have rights, powers, and
duties and must exercise them under International Law.
Subjects of IL should be able to:
1. Bring claims before international and national courts
and tribunals to enforce their rights. (ICJ)
2. Have the ability or power to come into agreements
that are binding under International Law.
3. Enjoy immunity from the jurisdiction of foreign courts.
4. Be subject to international obligations.
Subjects of International Law - persons or entities who
possess international personality
1. State - community of persons permanently
occupying a definite portion of territory,
independent of external control and possessing an
organized government to which the great body of
inhabitants render habitual obedience.
Article 1 of the 1933 Montevideo Convention in
Uruguay
 a permanent population
 A defined territory
 Government
 Capacity to enter into relations with the
other states, also known as sovereignty
2. Colonies and Dependencies - a colony is a
territory under the immediate political control of a
state, distinct from the home territory of the
sovereign.
3. Mandate - refers to several territories established
under the Article 22 of the Covenant of the League
of Nations. Which later on became United Nations
Trust Territories as agreed on Yalta Conference.
4. The Vatican (Holy See) - Holy See is derived
from the Latin Sancta Cedes which means “Holy
Chair”. A seat occupied by the incumbent Pope,
first Pope is Apostle Peter. Vatican is ancient and
predates Christianity.
Concordat was signed between Benito Mussolini
and Pope Pius XI - The Lateran Treaty of 1929.
5. The United Nations - is an international
organization founded in 1945 after the World War II
by 51 countries committed to maintaining
international peace and security, developing
friendly relations amon nations and promoting
social progress, better living standards and human
rights.
The United Nations Charter - setting out the rights
and obligations of each member state.
Functions of the UN:
a. Promote international peace and security
b. To develop friendly relations among nations
based on respect
c. To achieve international cooperation in solving
international problems of an economic, social,
cultural, or humanitarian character,
d. To be a center for harmonizing the actions of
nations in the attainment of these common ends.
Structure of the UN (six principal organs)
a. General Assembly - main deliberative organ of
the UN, composed by representative of each
member state.
b. Security Council - primary responsible for
maintaining peace and security.
c. Economic and Social Council - coordinates the
economic, social, and related work of the UN.
d. Trusteeship Council - prepare territories for self
government and independence.
e. International Court of Justice - Hague,
Netherlands. Principal judicial organ of the UN.
Settles legal disputes between states and gives
advisory opinion to the UN.
f. Secretariat - day to day work of the
organization
Belligerent Communities - is the status of parties
legally at war.
NATIONALITY AND STATELESSNESS
Nationality
 The status of belongingness to a particular
nation whether by birth or naturalization
  The legal relationship between a person and a
country
 Affords the state jurisdiction over the person
 Affords the person the protection of the state
 It is the right of each state to determine who its
nationals are
Doctrine of Effective Nationality
 Formed through the judicial practice of ICJ
 Nationality links the individuals to the states and
links individuals with international law
 No state is under obligation to recognize a
nationality granted which dies not meet the
requirement of it
Statelessness
 The status of a person without nationality or
citizenship
 Makes a person vulnerable to arbitrary
movement and crimes likes trafficking
 Results to lack of access to healthcare,
education, property rights, and the ability to
move freely
 The Statelessness Reduction Convention
provides a number of standards regarding
acquisition and loss of nationality
De facto statelessness
 A person who is, outside of his country, denied
diplomatic and consular protection or
assistance from his country.
 Persons who no longer enjoy the protection of
their national authorities
De jure statelessness
 Someone who is not considered to be a national
by any state under the operation of its law
 Does not have passports or legal documentation
of any kind
 Does not enjoy right at all
Aliens
 A foreign-born person who has not qualified to
as a citizen of the country where he is a resident
Deportation
 The removal of a non-citizen from the territory of
a particular state.
Reconduction
 Refers to the process of some states whereby
destitute aliens, foreign vagabonds, suspicious
aliens without identity papers, prison criminals
are arrested and sent back to their states of
origin.
 The home state cannot refuse under the
International Law
Persona non grata
 “An unwelcomed person”
 It refers to a diplomatic representative who is
unacceptable to a receiving government.
 Article 9 of the Vienna Convention on
Diplomatic Relations provides that a receiving
State may “at any time and without having to
explain its decision”
 A persona non grata is usually recalled to
his/her home nation
Doctrine of State Responsibility
 Principles that govern when and how a state is
held responsible for a breach of an international
obligation
 This doctrine establishes the:
1. Conditions for an act to qualify as
internationally wrong
2. Circumstances under which actions of
the officials, private individuals may be
attributed to the state
3. General defenses to liability
4. Consequences of liability
Calvo Clause
 Named after Carlos Calvo, an Argentine jurist
 A claimant waives the right to apply to his
government of to another forum for protection if
local authorities deny a claim
Drago Doctrine
 Announced by Luis Maria Drago
 States must not use armed intervention against
other States to collect debts arising from
government loans
Refugees
 A person who is outside his home or country
because he has suffered persecution on
account of race, religion, nationality, or political
opinion
 A person who have sought refuge or sanctuary
in a holy place must not be harmed
United Nations High Commissioner for Refugees
(UNCHR)
 Protects and supports refugees at the
request of the government or the United
Nations and assists in their return or
settlement
 Also mandated to lead and coordinate
international action to protect refugees and
resolve refugee problems worldwide
 Primarily tasked to safeguard the rights and
well-being of refugees
Non-refoulement
 Forbids the states from expelling from their
territories and returning refugees to places
where their lives or freedom could be threatened
 Article 33 of the 1951 Convention Relating to
the Status of Refugees
o No contracting state shall expel or
return a refugee in any manner where
his life would be threatened
o The benefit of the present provision may
not be claimed by a refugee
 Article 3 of the 1984 Convention Against Torture
o No state party shall expel, return, or
extradite a person to another state
where there are substantial grounds for
believing that he would be in danger or
being subjected to torture
Asylum
 A refuge granted to an alien by a state on its
own territory
 A protection given by a government to someone
who has left another country in order to escape
being harmed
  An ancient Green juridical concept in which a
person persecuted by his own country or during
medieval period
Extradition
 Removal of a person from a requested state to a
requesting state for criminal prosecution or
punishment
 To extradite is to surrender or obtain surrender
of a fugitive from one jurisdiction to another
General Principles in Extradition
1. There must be a treaty
1. List Treaty- most common and
traditional; crimes are enumerated for
which a state may extradite a person
upon the request of another
2. Dual Criminality Treaty- extradition of a
person if the crimes he committed in the
requesting state is also a crime in the
extraditing state
2. Extradition proceedings are sui generis
1. Ex post facto Law and Extradition
-statutes that make an act as
punishable by crime
-laws which, while not creating new
offenses, aggravate the seriousness of
a crime
-statues which prescribes greater
punishment for a crime already
committed
-laws which alter the rules of evidence
so as to make it substantially easier to
convict a defendant
3. The requesting state will accord due process to
the accused
4. Extradition is a major instrument for the
suppression of crime
5. Compliance shall be in good faith
Attentat Clause
 “An attempt on someone’s life”
 Political offenders are not to be extradited
 Also known as the political offense exception
Lesson 7 - Bases of Applying International Law in
Local Jurisdiction
1. Doctrine of Incorporation - maintains that all states
must adopt International Law as part of the law of the
land or as part of the state’s municipal laws and no
legislative action is required to make them applicable in
the local jurisdiction.
2. The Doctrine of Transformation - state adopts an
International Law by enacting a statute that in effect
would convert an International Law principle to a
Municipal Law of the State. The purpose of such is to
make IL valid and binding among the citizens of the
state.
From Additional Reading Sent By Course Director
Public IL Distinguished from:
1. Private International Law
Public vs Private
International Nature Municipal
International Remedies Local
Modes Tribunals
International Parties Private
entities Persons
International Enforcement Local sheriff /
Sanctions police
2. International Morality or Ethics - principles which
govern relations of States from the standpoint of
conscience, morality, justice, and humanity.
3. International Comity - rules of politeness/courtesy
observed by other states in their relations with other
states.
4. International Diplomacy - objects of international
policy and the conduct of foreign affairs.
5. International Administrative Law - body of laws
which regulate the relations and activities of national and
international agencies with respect to their material and
intellectual interests which have received international
recognition.
Relationship with Municipal Law:
1. Horizontal vs Vertical - International Law is
horizontal while Municipal Law is vertical.
Horizontal - In IL, all states are on equal footing and are
generally unable to compel each other to act.
Vertical - municipal law exists hierarchically and of
subordination, whereby those on top give commands to
those lower in the system.
2. Monist vs Dualist
Monist - there is no substantial distinction between IL
and municipal law
Dualist - ML is issued by political superior for
observance by those under its authority, while IL is not
imposed but adopted by States as a common rule of
action. Also emphasized the difference between Private
IL and Public IL.
3. The Theory of Coordination - It posits that although
domestic law and international law are on two separate
planes, they may nevertheless affect each other with
regard to obligations.
4. Incorporation vs Transformation
a. Incorporation - maintains that all states must
adopt International Law as part of the law of the
land or as part of the state’s municipal laws and
no legislative action is required to make them
applicable in the local jurisdiction.
b. Transformation - state adopts an International Law
by enacting a statute that in effect would convert
an International Law principle to a Municipal Law
of the State. The purpose of such is to make IL
valid and binding among the citizens of the state.
c. Caution - the fact that a country follows the
incorporation doctrine for customary international
law does not mean the same follows for
conventional international law or treaties.
d. Incorporation of Customs - the constitutional
silence on the matter does not remove the issue
of the need to provide evidence that the custom
does exist and that a country adheres to the
custom.
5. Conflict between International Law and Municipal
Law
a. On the domestic sphere, with a local court
deciding:
 i. If the conflict is with the Constitution -
Supreme Court has the power to declare a
treaty as unconstitutional. Constitution is the
highest law of the land.
ii. If the conflict is with a statute - IL are
given equal standing with, but are not
superior to, national legislative enactments.
In some cases, lex posterior derogat priori
which favors that which comes last in time
will usually be upheld by the municipal
tibunal.
b. On the international sphere, with an
international tribunal deciding:
i. Superiority - International Law is superior
to municipal law because IL provides the
standard by which to determine the legality
of a State’s conduct.
ii. Application of VCLT - municipal law used
as evidence either of custom or general
principles of law.
iii. The ‘mirror principle’ - national courts on
human rights should match the rulings given
by international tribunals.
LESSON 8 Rights and Duties of States (88-99)
Rights of states:
1. Right to existence and self-defense – the most
comprehensive right of the state as all other rights
flow from it
 Requisites for proper exercise of right of
self-defense
a. An armed attack or aggression (any act
or policy of expansion carried out by
one state at the expense of another by
means of an unprovoked military
attack
b. The self-defensive action must be
reported immediately to the security
council
c. Such action shall not in any way affect
the right of security security council to
take action
2. Right of sovereignty and independence (condition
sine qua non) – supreme power of the state to
enforce its will
3. Right of equality – the right of every state to have
one vote in matters requiring the consent of states
like the voting in UN General Assembly
 Par in parem non habet imperium – an
equal has no power over an equal
4. Right to territorial integrity and jurisdiction – states
should not attempt to promote secessionist
movements in other states
5. Right of legation – to enter diplomatic relations
 Active right of legation – sending diplomats
to other states
 Passive right of legation – receiving
diplomats
Agents of diplomatic intercourse – traditionally
the heads of the states, foreign secretaries, or
foreign ministers
Diplomatic ranks:
1. Ambassador extraordinary and
plenipotentiary – head of a mission
formally representing the head of state
(Papal Nuncio for representative of the
Vatican or Holy See)
2. Envoy extraordinary and minister
plenipotentiary – head of mission but not
considered a representative of head of
state (but is entitled for “His/Her
Excellency”)
3. Minister resident or resident minister –
lowest rank of full head of mission
4. Charge d’affaires – (charged with affairs) in
charge of the affairs of a diplomatic
mission
Functions of diplomatic missions:
1. Represent the sending state in receiving
state
2. Protect in receiving state interest of
sending state and its nationals
3. Negotiate with government of receiving
state
4. Promote friendly relations
5. Ascertain by all lawful means conditions
and developments in receiving state
6. In some cases, represent friendly
governments at their requests
Consuls – public officer residing in a foreign
country responsible for developing and
protecting the economic interests of his
government and looking after the welfare of his
government’s citizens who may be traveling or
residing within his jurisdiction
Kinds of consuls:
1. Consul missi or consuls de carriere – a
professional consul who is a national of
sending state and required to devote his
full time to discharge his duties
2. Consul electi or consul marchand – may or
may not be nationals of sending state and
perform consular functions only in addition
to their regular callings
Ranks of consuls:
1. Consul-general – higher-ranking
2. Consul – takes charge of a small district or
town or port
3. Consular-agent – usually entrusted with
the performance of certain functions by
the consul
Privileges and immunities accorded to
diplomatic envoy:
1. Shall enjoy immunity from the criminal
jurisdiction of the receiving state
2. Not obligated to give evidence as a witness
3. No measures of execution may be taken in
respect of them
4. The immunity from the jurisdiction of the
receiving state does not exempt him from
the jurisdiction of the sending state
6. Right to extraterritoriality – exemption from the
jurisdiction of local law (could be applied in foreign
embassies, foreign military bases, or offices of UN
LESSON 9: International Dispute (137; 57-74)
International dispute – disagreements between states
(Inulit lang to hanggang end ng lesson)
International Tribunal on the Laws of the Sea (ITLOS)
- Composed of 21 independent members elected by
secret ballot by the State Parties to the Convention
- Jurisdiction – comprises all disputes and all
applications submitted to it in accordance with the
Convention
- It has jurisdiction over all disputes concerning the
interpretation or application of the Convention
The Philippine territory – the territory of the state consists of
terrestrial or land territory, fluvial and maritime or water
domain, and aerial domains
Philippine baseline laws:
1. RA No 3046 – included Spratly’s Islands and
Scarborough Shoal
2. RA No 5446 – correct the typographical errors of the
previous one
3. RA No 9522 – amended RAs 3046 and 5446
Regime of islands:
1. An island is a naturally formed area of land
surrounded by water which is above water at high
tide
2. The territorial sea, contiguous zone, EEZ, and
continental shelf are determined in accordance with
the provisions of this convention
Kalayaan Islands – was discovered by Tomas Cloma in 1947
- They took formal possession of the islands and
named it “Freedomland” and opened it to the
international
- Many neighboring countries had violent and
unfriendly reactions
- Cloma ceded his claim to the Philippines for one
peso due to pressure
- President Marcos organized Western Command
based in Palawan
Scarborough Shoal – lawful methods for the acquisition of
sovereignty which includes effective occupation, cession,
prescription, conquest, and accretion
LESSON 10: Instrumentalities for Peace & Securities
Security Council – maintenance of international peace
and security
- When addressing a complaint, they
Recommend for the parties to reach peaceful agreement
first.
INTERNATIONAL COURT OF JUSTICE - Principal
judicial organ of UN (Hague, Netherlands)
- Function: settle legal disputes submitted to it by
states and give advisory opinions on legal questions.
- Composition: 15 judges – 9yr term
- Jurisdiction: decide disputes of a legal nature
submitted by STATES.
- Interpretation of a treaty, any question of IL,
the existence of any fact constituting breach
of international obligations, and the
reparation for breach on international
obligation.
INTERNATIONAL CRIMINAL COURT
- UN Diplomatic Conference of
Plenipotentiaries in Rome Italy
adopted Rome Statute creating the
ICC that sits in the Hague,
Netherlands.
- Functioned on July 1, 2022
prosecuting crimes committed on
or after this date.
- Jurisdiction: INDIVIDUALS
(Genocide, war crimes, crimes
against humanity, etc.)
- Structure: Governed by Assembly
of State Parties.
- Organs: Presidency, - has three
main areas of responsibilities;
judicial, administration and external
relations.
- Judicial Division,- ensure fair trials
and render decisions, etc.
- Office of Prosecutor, - responsible
for conducting investigations and
prosecutions…
- and Registry – responsible for non
judicial aspects of the
administration and servicing of the
court.
Rights of the accused – rome statute provides all
persons are presumed innocent until proven guilty
beyond reasonable doubt.
Victim Participation and reparations – article 43(6)
“provide measures and security arrangements….
Assistance for witnesses, victims who appear before
court.
LESSON 11: International Dispute (137 – 147)
- displacement on a point of law/fact, conflict or
legal views
Methods: Peaceful or amicable methods of settling
disputes
Negotiation – dialogue between parties intended to
reach a mutually beneficial outcome.
- Putting forward a position and making
concession to reach an agreement
Enquiry – act of asking questions to gain information.
Purpose: produce an impartial finding of disputed facts
and thus prepare way for settlement of dispute by other
peaceful methods, parties are not obliged to accept.
Mediation – outside party endeavors to bring the
disputant together and assist them in reaching a
settlement, no binding force, parties may or may not
accept proposal.
Conciliation- referring it to a specially constituted
orgarn whose task is to elucidate facts and suggest
proposal for a settlement to the parties concerned. Meet
parties jointly or separately. Combi. Of enquiry and
mediation. More formal and less flexible; presents a
single report only.
Good Offices – may be utilized only with agreement of
both disputants. “acts as a go-between”. When
negotiations start, good offices come to an end.
Arbitration – alternative dispute resolution (adr) ,
resolution of disputes outside the courts. (arbitrators,
arbiters, arbitral tribunals) Third party reviews evidence,
impose decision, legally binding and enforceable in the
courts particularly on international commercial
transactions.

Judicial Settlement - when states cannot agree their

disputes outside of courts, they resort to judicial
settlement in international tribunals.

Report to International Organizations – may seek

assistance of international organization in order to have
a peaceful settlement of disputes.

HOSTILE METHODS:

Severance of Diplomatic Relations – intentional

cessation of normal diplomatic relations between two
states. Due to onset war or serious complications.

Pacific Blockade – Naval blockade in time of peace.

Pressure weaker state without actual war.

Intervention - use of force by one country in internal or

external affairs of another. Considered unlawful act.
“Unsolicited interference”

Drago Doctrine – mandates that IL did not authorize

European powers to use armed intervention to force
American republics to pay public debts

Occupation of Territory – Golan heights – golan – both

historical name of geographic region and contemporary
usage to territory captured by Israel from Syria.

LESSON 12: Jurisdictional Cooperation and

assistance among states (129-136)

Extradition to attentat clause. Asa taas :D