Part I.
What is Public International Law?
Public International Law as distinguished
with Private International Law?
Public International Law as distinguished
with Transnational Law
Traditional: that branch of public law
which regulates the relations of States
and of other entities which have been
granted international personality.
Modern: The law that deals with the
conduct of States and international
organizations, their relations with each
other and, in certain circumstances, their
relations with persons, natural or juridical.
Today, sovereign states remain as the
principal subjects of international law; but
they are now joined by international
organizations and even by individuals.
Private international law is really
domestic law which deals with cases
where foreign law intrudes in the
domestic sphere where there are
questions of the applicability of foreign
law or the role of foreign courts.
As to nature, international vs. municipal;
as to remedies, international modes vs.
local tribunals; as to parties, international
entities vs. private persons; as to
enforcement, international sanctions vs.
sheriff/police.
It is that part of law which comes into
play when the issue before the court
affects some fact, event or transaction
that is so clearly connected with a foreign
system of law as to necessitate recourse
to that system.
Transnational law regulates actions or
events that transcend national frontiers. It
involves individuals, corporations, states,
or other groups—not just the official
relations between governments of states.
Transnational Law (TL) includes all law
 which regulates actions or events that
transcend national frontiers. Both public
and private international law is included,
as are other rules which do not wholly fit
into such standard categories.

Transnational law or, as it is sometimes

called, global law is the law that falls in
the gaps between states.

Examples:

Functions of International Law 1. To maintain International peace

and Security
2.
- Suppression of acts of aggression
- Take effective collective measures
for the prevention and removal of
threats to the peace
- Conform with the principles of
Justice and International Law

In order to give effect to the maintenance

of the international peace and security,
we can take into consideration the
deliberative function of the General
Assembly, in exercising its functions, the
General Assembly may discuss any
question relating to the maintenance of
international peace and security brought
before it by any member of the United
Nations, or by the Security Council, or by a
state which is not a member of the UN.
The importance of the Security Council in
connection with the deliberative function
of the General Assembly is to not make
any recommendation with regard to that
dispute or situation unless the Security
Council so requests since the Security
Council is exercising in respect of any
dispute or situation the functions
assigned to it in the present Charter

3. To achieve international co-

 operation in solving international
problems of an economic, social,
cultural and humanitarian
character.

- EcoSoc on Higher standards of

living, full employment and
conditions of economic and social
progress and development.
- Solutions of international
economic, social, health and
related problems and international,
cultural and educational
cooperation.
- Universal respect for and
observance of human rights and
fundamental freedoms for all
without distinction as to race, sex,
language or religion.

4. To settle international disputes by

peaceful means

- Security Council

Charged with the primary responsibility of

safeguarding world peace and security.
By adhering to the UN Charter, all the
members of the organization agree that
the Security Council acts on their behalf.
The Charter of the UN also specifies that
all member States of the United Nation
agree to accept and carry out the
decisions of the Security Council.

-Takes the lead in determining the

existence of a threat to the peace or act
of aggression. It calls upon the parties to
a dispute to settle it by peaceful means
and recommends methods of adjustment
or terms of settlement. In some cases,
the Security Council can resort to
imposing sanctions or even authorize the
use of force to maintain or restore
international peace and security.
 5. To refrain from threat or use of
force by a state against the
territorial integrity or political
independent of any State
6. To provide right of self
determination to peoples and
7. To provide fundamental freedom
and human rights.

Natural School of Thought - Q There is a natural and universal principle

of right and wrong, independent of
mutual intercourse or compact, which
can be discovered and recognized by
every individual through the use of his
reason and conscience.

Natural Law should be based on a

universal moral order. They assumed that
there exists a system of law which
emanates from God or reason or morals.

Examples:

Positivist School of Thought - Q According to the positivist’s school of

growth of International law is due to
treaties and customs, rather than human
nature, reason, and justice.

The binding force of international law is

derived from the agreement of the States
to be bound by it. In this context,
international law is not a law of
subordination but of coordination.

They believe that the rules of international

law are, in the end, similar to domestic
law in the sense that they both derive
their binding force to the will of the State.

Example: These obligations are owed by

the State to other Community of States or
under the principle of obligations erga
 omnes, examples would be Obligations
concerning the protection of basic human
rights and Obligations relating to self-
determination

Pacta sunt servanda whereby agreements

between the states must be observed in
good faith.

Ecclectic School of Thought - Q It is the practice of selecting doctrines

from different systems of thought without
adopting the whole parent system for
each doctrine.

Under this thought, it conforms to the

dictates of right reason, the voluntary law
may be said to blend with the natural law
and be, indeed, an expression of it.

Examples: Customary Inte

Obligation erga omnes - Q An obligation of every State towards the

international community as a whole. All
states have a legal interest in its
compliance, and thus all States are
entitled to invoke responsibility for breach
of such an obligation

These are obligations that are owed by

States to all, regardless of the presence
or absence of their assent to be bound
thereby.

Two types of obligations erga omnes:

erga omnes omnium - basis is the

General International Law owed to the
international community for the interest
of common value if general international
law in any given case.
erga omnes partes- basis is multilateral
treaty owed to all other state parties to
the same treaty in any given case for the
interest of common values of States
parties and their concern for compliance
 Examples: Prohibition of acts of
aggression;

Jus Cogens - Q Jus Cogens (literally means compelling

law). It is a peremptory norm of general
international law, accepted and
recognized by the international
community of States as a whole.

A peremptory norm is a norm accepted

and recognized by the international
community of states as a rule, from which
no derogation is permitted.

What are the elements of Jus Cogens?

1. A norm Accepted and recognized
2. by the international community of
states as a whole.
3. No Derogation is permitted.

The term ‘jus cogens’ means the

compelling law. Corollary, a jus cogens
norm holds the highest hierarchical
position among all other customary
norms and principles.´ As a result, jus
cogens norms are deemed peremptory
and non-derogable. However, what jus
cogens really means is that no derogation
is allowed because it is jus cogens. It is
the intrinsic nature of the rule that
disallows derogation

Examples: Law on genocide, Crimes

against humanity; • Prohibition against
slavery and slave trade; • Piracy

Ex Aequo Et Bono Literally means what is equitable and

good. The ancient concept is based upon
the idea of “fundamental fairness” as a
guideline principle in arbitration and
other dispute settlement processes.
 It denotes that a court may decide a case
on the basis of justice and equity, and
not be bound by technical legal rules.

If the principle of equity is accepted,

customary law may be supplemented or
modified in order to achieve justice

Article 38 (1) (c) of the Statute of

International Court Justice (ICJ) equity is
referred to as the following:

● A general principle of international

law
● A way of infusing elements of
reasonableness and individualized
justice whenever a law leaves a
margin of discretion to a Court in
deciding a case.

Customary International Law - Q Customary International Law - Under Art.

38 (1)(b), ICJ Statute, these are general
practice accepted as law.

This also refers to international

obligations arising from established
international practices, as opposed to
obligations arising from formal written
conventions and treaties.

A custom is a practice which has grown

between states and has come to be
accepted as binding by the mere fact of
persistent usage over a long period of
time.

a.) state practice - practice must be

consistent and general (substantial
uniformity)
b) Opinio Juris sive necessitates - This
refers to the belief on the part of states
that a particular practice is required by
law
 Examples

Doctrine of Incorporation - Q Doctrine of Incorporation

Constitutional Provision: Sec. 2, Art. II,

Philippine Constitution, as follows: “The
Philippines renounces war as an
instrument of national policy, adopts the
generally accepted principles of
international law as part of the law of the
land, and adheres to the policy of peace,
equality, justice, freedom, cooperation
and amity with all nations”.

By the doctrine of incorporation, the

country is bound by generally accepted
principles of international law, which are
considered to be part of our own laws.

Examples of Generally Accepted

Principles of International Law
Pacta sunt servanda (agreements must
be kept
Rebus Sic Stantibus (Things Standing
Thus)
Par in parem non habet imperium (equals
have no sovereignty over each other)
State Immunity from Suit
Rights of State to Self Defense
Right to Self Determination of People

The doctrine of incorporation decrees

that rules of international law are given
equal standing with, but are not superior
to, national legislative enactments.

Pacta sunt servanda A doctrine which requires that treaties

must be observed in good faith. If
necessary, the State concerned must
even modify its national legislation and
constitution to make them conform to the
 treaty. A treaty engagement is not a mere
moral obligation but creates a legally
binding obligation on the parties.

Rebus sic stantibus - Q A doctrine which means that a

contracting State’s obligations under a
treaty terminates when a vital or
fundamental change of circumstances
occurs, thus allowing a State to
unilaterally withdraw from a treaty,
because of the “disappearance of the
foundation upon which it rests”.

This doctrine does not operate

automatically. There is a necessity for a
formal act of rejection, usually by the
Head of State, with the statement of the
reasons why compliance with the treaty is
no longer required.

Doctrine of Transformation - Q The transformation method requires that

an international law principle be
transformed into domestic law through a
constitutional mechanism, such as local
legislation.

Through the treaty making power of the

President rules and principles embodied
in a treaty in force would be transformed
into Philippine Law and shall become
valid and effective upon concurrence of
two-thirds of all the members of the
Senate.
Hard Transformation Theory Only legislation can transform
international law into domestic law.

This refers to binding international legal

norms or those which have coercive
character. (Ratified, Enacted)

Soft Transformation Theory Either a judicial or legislative act of the

state can transform international law into
domestic law.

The term soft law is used to denote

agreements, principles and declarations
that are not legally binding. Soft law
instruments are predominantly found in
the international sphere. UN General
Assembly resolutions are an example of
soft law. Soft law refers to rules that are
neither strictly binding in nature nor
completely lacking legal significance. In
the context of international law, soft law
refers to guidelines, policy declarations or
codes of conduct which set standards of
conduct. However, they are not directly
enforceable

Monism Theory - Q on Revalida There is no substantial distinction

between international law and municipal
law. Under this theory, international law
and domestic law belong to only one
system of law.

Monists have a unitary concept of law

and see all laws (both international and
municipal law) as an integral part of the
SAME SYSTEM. If conflict exists between
international law and municipal law,
international law must prevail.

Dualist - Q on Revalida This affirms that the international law

and municipal laws are distinct and
 separate, each is supreme in its own
sphere and level of operation where only
those issues affecting international
relations are within the scope of
international law

Under dualism, no conflict can ever arise

between international and municipal law,
because the two systems are mutually
exclusive. If International law is applied
within a state, it is only because it has
been expressly incorporated by municipal
law. The Philippines is a dualist state

Is International Law a True Law Yes. It is a true law because it satisfies

the following elements: (1) existence of
political community and (2) recognition
by its members of settled rules binding
upon them in that capacity.

International law is a true law because

it has mechanism for enforcement,
penalties, and sanctions, and it
furtherly validated as being real law
by the Doctrine of IncorpORATION.

Doctrine of Incorporation states that

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. It is
also expressed in our constitution Sec. 2.
Art. II. Philippine Constitution as follows:
“The Philippines renounces war as an
instrument of national policy, adopts the
generally accepted principles of
international law as part of the law of the
land, and adheres to the policy of peace,
equality, justice, freedom, cooperation
and amity with all nations”.

The absence of a central lawmaking

authority and the debilitating jurisdictional
defects weaken the expectation
of compliance in comparison with the
situation in the domestic plane. These
considerations are, however, balanced by
the risk of political/ economic retaliation
and other sanctions, such as adverse
public opinion, retorsions, reprisals, the
UN machinery, and the conviction that
obedience will redound to the public
good.

State Sovereignity It is the uncontrollable power of the state,

ultimate power of the state or supreme,
uncontrollable, unlimited power of the
state.

a. Internal Sovereignity - or the

supreme power over everything
within its territory; (Right to Self
Determination of the State)
Recognition
b. External Sovereignity - capacity to
conduct international/foreign
relations and freedom from
external control.

Part II.
What is a treaty? A treaty is generally defined as
agreements between and among States,
by which parties obligate themselves to
act, or refrain from acting, according to
the terms of the treaty

VCLT: Treaty means international

agreement concluded between the States
in the form and governed by international
law, whether embodied in a single
instrument or in two or more related
instruments and whatever its particular
designations.

a) Can be bilateral and multilateral

b) Determine the rights and duties of
the states just as individual rights
are determined by contracts
c) The binding force comes from the
voluntary decision of sovereign
states to obligate themselves to a
mode of behavior
d) Governed by the principle of pacta
sunt servanda

Requisites of a Treaty A) WRITTEN FORM

No specific form as long as it is written

and may be embodied in single
instrument or in two or more related
instruments

Note: Unwritten agreements will still be

treated as treaties but the same shall be
governed by the customary law on
treaties. It can also be legally binding.

B) BETWEEN STATES

There should be a population (adequate

number for self-sufficiency and
defense; of both sexes for perpetuity)
territory, government (The agency or
instrumentality through which the will of
 the State is formulated, expressed and
realized.) , sovereignity (The supreme and
uncontrollable power inherent in a
State by which that State is governed.)

C) INTERNATIONALLY GOVERNED
Agreements will not be legally
enforceable it there is a showing that one
of the parties did not intend that the
agreement will create binding legal
obligations

How are treaties become effective? 1. It becomes binding on the parties

to it by virtue of their consent
2. Expressing consent through Open
Signature; The treaty provides that
signature shall have that effect; It
is otherwise established that the
negotiating states were agreed
that signature should have that
effect; intention of the State to give
effect to the signature appears
from the full powers of the
representative or was expressed
during the negotiations.
3. Ratification (Formal activity
whereby one State declares its
acceptance of the terms of the
treaty and undertakes to observe
them)

Two Kinds of Treaties 1. Normative Treaties or Law Making

Treaties - concluded by a large
number of States for purposes of
a) declaring, defining the
understanding of the law in a
particular subject b) stipulating or
nlaying down new general rules for
future international conduct c)
Creating new international
institutions.
2. Treaty Contracts - usually concerns
the regulation of a narrow area of
practice between two States such
treaties may lead to the formation
 of general international law
through the operation of the
principles governing the
development of customary rules

Treaty Making Process a) Accreditation and Negotiation

- Authenticating the text of a treaty
- purpose of expressing the consent
of the State to be bound by a treaty
- Must be represented by a person
who (a) he produces appropriate
full powers; or (b) it appears from
the practice of the States
concerned or from other
circumstances that their intention
was to consider that person as
representing the State for such
purposes and to dispense with full
powers.

- There must be an authorization in

writing.

b) Drafting and Adoption

- Drafting (talks and assemblies) -
Talks and
- Adoption (must have consent of all
the states, The adoption of the
text of a treaty at an international
conference takes place by the vote
of two-thirds of the States present
and voting, unless by the same
majority they shall decide to apply
a different rule)

c) Expressing Consent
- consent of a State to be bound by
a treaty may be expressed by open
signature, exchange of instruments
constituting a treaty, ratification,
acceptance, approval or accession,
or by any other means if so agreed
- Ratification (Formal activity
whereby one State declares its
acceptance of the terms of the
 treaty and undertakes to observe
them)

RATIFICATION:

NOTE: In our jurisdiction, the power to

ratify is vested in the President. The role
of the Senate is limited only to giving or
withholding its consent, or concurrence,
to the ratification.
There are two constitutional provisions
that require the concurrence of the
Senate on treaties or international
agreements Section 21, Article VII deals
with treaties or international agreements
in general, in which case, the concurrence
of at least two-thirds (2/3) of all the
Members of the Senate is required to
make the subject treaty, or international
agreement, valid and binding on the part
of the Philippines. This means it forms
part of Philippine law by virtue of
transformation.

The involvement of the Senate in the

treaty-making process manifests the
adherence of the Philippine system of
government to the principle of checks
and balances. This indispensable
participation of the legislative branch by
way of concurrence provides the “check”
to the ratification of the treaty by the
executive branch.

In contrast, Section 25, Article XVIII is a

special provision that applies to treaties
which involve the presence of foreign
military bases, troops or facilities in the
Philippines. Under this provision, the
concurrence of the Senate is only one of
the requisites to render compliance with
the constitutional requirements and to
consider the agreement binding on the
Philippines. Section 25, Article XVIII
further requires that "foreign military
 bases, troops, or facilities" may be
allowed in the Philippines only by virtue
of a treaty duly concurred in by the
Senate, ratified by a majority of the votes
cast in a national referendum held for
that purpose if so required by Congress,
and recognized as such by the other
contracting state. (BAYAN vs. Zamaora,
G.R. No. 138570, October 10, 2000)
1. It will not be agency or instrument
2. EA will only be undertaken to
implement the existing treaty.

Adherence or Adhesion - A state which

did not participate in the negotiations
becomes party to the treaty by formally
accepting its provisions. Possible only if
provided for in the treaty or all parties to
the treaty agree that acceding state
should be allowed to accede

d) Entry into Force

- A treaty enters into force in such
manner and upon such date as it
may provide or as the negotiating
States may agree.

e) Registration and Publication

Must be published and registered
in the United Nations

When can non signatory be bound by a Nature of Adhesion

treaty?
A right arises for a third State from a
provision of a treaty if the parties to the
treaty intend the provision to accord that
right either to the third State, or to a group
of States to which it belongs, or to all
States, and the third State assents
thereto.

An obligation arises for a third State from

a provision of a treaty:
(a) if the parties to the treaty intend the
 provision to be the means of establishing
the obligation; and,
(b) the third State expressly accepts that
obligation in writing.

Approaches of a Treaty Objective Approach

- Interpretation according to the
ordinary meaning of the words of
the treaty
TELEOLOGICAL APPROACH
- Interpretation according to the
purpose of the treaty

SUBJECTIVE APPROACH
- Interpretation according to the
meaning given by the parties

Amendment and Modification Formal Amendment - Minor Corrections,

Typographical errors, or Process Verbal.

Informal Amendment - coverage,

procedural and the substantive essence
of a treaty. A consistent practice, if it
establishes common consent of the
parties to be bound by a different rule
from that laid down in the treaty, will
have the effect of modifying the treaty.
Due to changes in state behavior.

How is treaty terminated? A party in the following situations has a

choice either to suspend or terminate the
relevant treaty:

1. If a treaty at the time of its

conclusion, conflicts with jus
cogens, it is void.
2. Material breach of a treaty
3. Impossible for a party to perform
its obligations
4. Rebus sic stantibus
5. All contracting parties to an earlier
treaty are also parties to a later
treaty and the two treaties relate to
 the same subject matter.

Principle of Non Refoulement Non-refoulement which guarantees that

no one should be re- turned to a country
where they would face torture, cruel,
inhuman or degrading treatment or
punishment and other irreparable harm.

The granting of immunity for visiting

heads of state which means that a head
of state is immune from the jurisdiction of
a foreign state's courts.

Extradition It is the surrender of an individual by the

state within whose territory he is found, to
the state under whose laws he is alleged
to have committed a crime or to have
been convicted of a crime.

Extradition Treaty An extradition treaty is an international

agreement in which the Requested State
(eg Philippines) agrees, at the request of
the Requesting State (eg USA) and under
specified conditions, to turn over persons
who are within its jurisdiction and who are
charged with crimes against, or are
fugitives from, the Requesting State.

Double Criminality The act for which the extradition is

sought must be punishable in both the
requesting and requested States.

in order that extradition is granted or

honored, the crime for which extradition is
requested, must be a crime in both the
requesting state and the state to which
the fugitive has fled.

Martens Clause In cases not covered by other

international agreements, civilians and
combatants remain under the protection
and authority of the principles of
International Law derived from
established custom, from the Principles
of Humanity and from the dictates of
 public conscience

Judicial Decisions A subsidiary means for the determination

of rules of law (e.g., determining what
rules of customary IL exist) that is
acceptable so long as they correctly
interpret and apply int'l law.

NOTE: Even decisions of national courts,

when applying int'l law, are acceptable.
Ex. Principles on diplomatic immunity
have been developed by judgments of
national courts.

Judicial Decisions clarify the existing law

on the topic and may, in some
circumstances, create a new principle in
international law. They can also be
considered evidence of State practice.

Judicial decisions, whether from

international tribunals or from domestic
courts, are useful to the extent they
address international law directly or
demonstrate a general principle

Teachings Of The Most Highly Qualified Such teachings may be considered as a

Publicists subsidiary source of international law if
the publicist are highly qualified and
generally acknowledge and their view are
a correct and unbiased representation
and interpretation of international law.

Requisites for Highly Qualified Publicist

1. Fair and impartial representation of
law.
2. By an acknowledged authority in the
field.

Most favored nation clause The most-favored-nation clause is a

stipulation that requires a country to
provide concessions, privileges, or
immunities that are to be granted to one
nation in a trade agreement or to be
 granted to all other countries that are
members of the World Trade Organization
(WTO)

Treaty vs. Executive Agreement - Q Treaties are formal documents which

require ratification with the approval of
two thirds of the Senate. Executive
agreements become binding through
executive action without the need of a
vote by the Senate or by Congress.

The State can enter into executive

agreements even without the concurrence
of Congress as the same is only required
when entering into treaties.

Executive agreements entered into

become binding on the State merely
through executive action and without the
need for legislative concurrence.

Further, in terms of its nature and

permanence, international agreements
which involve political issues or changes
of national policy and those involving
international arrangements of a
permanent character take the form of a
treaty; while international agreements
involving adjustment of details carrying
out well established national policies and
traditions and involving arrangements of
a more or less temporary nature take the
form of executive agreements; and (ii) in
treaties, formal documents require
ratification, while executive agreements
become binding through executive action.
Res Judicata Res Judicata - The doctrine that a final
adjudication by a court or arbitral tribunal
is conclusive.

It applies when a litigant attempts to file a

subsequent lawsuit on the same matter,
after having received a judgment in a
previous case involving the same parties.

Stare Decisis The principle that a court should follow

precedent established by previously
decided cases with similar facts and
issues to provide certainty and
consistency in the administration of
justice.

There is no stare decisis in International

Law, case law is considered only
“subsidiary means.” Under Article 59 of
the ICJ Statute, the decision of the Court
has no binding force except between the
parties and in respect of that particular
case.

Concept of Exchange of Notes States may express their consent to be

bound by an "exchange of letters/notes".
 The basic characteristic of this procedure
is that the signatures do appear not on
one letter or note but on two separate
letters or notes. The agreement therefore
lies in the exchange of both letters or
notes, each of the parties having in their
possession one letter or note signed by
the representative of the other party. In
practice, the second letter or note, usually
the letter or note in response, will typically
reproduce the text of the first. In a
bilateral treaty, letters or notes may also
be exchanged to indicate that all
necessary domestic procedures have
been completed.

An "exchange of notes" is a record of a

routine agreement, that has many
similarities with the private law contract.
The agreement consists of the exchange
of two documents, each of the parties
being in the possession of the one signed
by the representative of the other. Under
the usual procedure, the accepting State
repeats the text of the offering State to
record its assent. The signatories of the
letters may be government Ministers,
diplomats or departmental heads. The
technique of exchange of notes is
frequently resorted to, either because of
its speedy procedure, or, sometimes, to
avoid the process of legislative approval.

Role of the Constitution to the Treaties

Interpretation of Treaties A treaty shall be interpreted in good faith

in accordance with the ordinary meaning
to be given to the terms of the treaty in
their context and in the light of its object
and purpose.

Examples of Generally Accepted Examples of Generally Accepted

Principles of International Law Principles of International Law
1. Pacta sunt servanda (agreements
must be kept
 2. Rebus Sic Stantibus (Things
Standing Thus)
3. Par in parem non habet imperium
(equals have no sovereignty over
each other)
4. State Immunity from Suit
5. Rights of State to Self Defense
6. Right to Self Determination of
People

PART III

United Nations Charter The Charter may consider a treaty

because it derives its binding force from
the agreement of the parties to it.

Purpose 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
disputes or situations which might
lead to a breach of the peace;
2. To develop friendly relations
among nations based on respect
for the principle of equal rights
and self-determination of peoples,
and to take other appropriate
measures to strengthen universal
peace;
3. To achieve international co-
operation in solving international
problems of an economic, social,
cultural, or humanitarian character,
 and in promoting and encouraging
respect for human rights and for
fundamental freedoms for all
without distinction as to race, sex,
language, or religion; and
4. To be a centre for harmonizing the
actions of nations in the
attainment of these common
ends.

Principles of the United Nations

1. The Organization is based on the
principle of the sovereign equality of
all its Members.
2. All Members, in order to ensure to all
of them the rights and benefits
resulting from membership, shall
fulfill in good faith the obligations
assumed by them in accordance with
the present Charter.
3. All Members shall settle their
international disputes by peaceful
means in such a manner that
international peace and security, and
justice, are not endangered.
4. All Members shall refrain in their
international relations from the threat
or use of force against the territorial
integrity or political independence of
any state, or in any other manner
inconsistent with the Purposes of the
United Nations.
5. All Members shall give the United
Nations every assistance in any
action it takes in accordance with the
present Charter, and shall refrain
from giving assistance to any state
against which the United Nations is
taking preventive or enforcement
action.
6. The Organization shall ensure that
states which are not Members of the
United Nations act in accordance with
these Principles so far as may be
necessary for the maintenance of
international peace and security.
7. Nothing contained in the present
Charter shall authorize the United
 Nations to intervene in matters which
are essentially within the domestic
jurisdiction of any state or shall
require the Members to submit such
matters to settlement under the
present Charter; but this principle shall
not prejudice the application of
enforcement measures under Chapter
Vll.

Membership Original - states which, having

participated in the United Nations
Conference on International Organization
at San Francisco, or having previously
signed the Declaration by United Nations
of 1 January 1942, sign the present
Charter and ratify it in accordance with
Article 110.
Elective - due regard to equitable
geographical representation

Suspension of Membership A Member of the United Nations against

which preventive or enforcement action
has been taken by the Security Council
may be suspended from the exercise of
the rights and privileges of membership
by the General Assembly upon the
recommendation of the Security Council.
The exercise of these rights and
privileges may be restored by the Security
Council.

Expulsion of Membership A Member of the United Nations which

has persistently violated the principles
contained in the present Charter may be
expelled from the Organization by the
General Assembly upon the
recommendation of the Security Council.

Withdrawal of Membership 1. The organization was revealed to

be unable to maintain peace or
could do so only at the expense of
law and justice.
2. The member’s right and
obligations as such were changed
by a charter amendment in which
 it had not concurred or which it
finds itself unable to accept.
3. An amendment duly accepted by
the necessary majority either in
the general assembly or in a
general conference is not ratified.

General Assembly - central organ Deliberative - important questions, such

where all members are represented as memberships, budget, peace, and
security responsible for the maintenance
of peace and security

Supervisory - Promoting international co-

operation in the political field and
encouraging the progressive development
of international law and its codification;
Promoting international co-operation in
the economic, social, cultural, education,
and health fields, and assisting in the
realization of human rights and
fundamental freedoms for all without
distinction as to race, sex, language, or
religion.

Elective Function - Decisions on

important questions shall be made by a
two- thirds (2⁄3) majority of the members
present and voting. These questions shall
include:

● Recommendations with respect to

the maintenance of international
peace and security;
● The election of the non-permanent
members of the security Council;
● The election of the members of the
ECOSOC;
● The election of members of the
Trusteeship Council;
● The admission of new
membership;
● The expulsion of members;
● Questions relating to the operation
of the trusteeship system;
● Budgetary questions

Security Council
Preventive Action
Domestic Jurisdiction Clause
Charged with the primary responsibility of
safeguarding world peace and security.
By adhering to the UN Charter, all the
members of the organization agree that
the Security Council acts on their behalf.
The Charter of the UN also specifies that
all member States of the United Nation
agree to accept and carry out the
decisions of the Security Council.
-Takes the lead in determining the
existence of a threat to the peace or act
of aggression. It calls upon the parties to
a dispute to settle it by peaceful means
and recommends methods of adjustment
or terms of settlement. In some cases,
the Security Council can resort to
imposing sanctions or even authorize the
use of force to maintain or restore
international peace and security.
The Security Council shall determine the
existence of any threat to the peace,
breach of the peace, or act of aggression
and shall make recommendations, or
decide what measures shall be taken in
accordance with Articles 41 and 42, to
maintain or restore international peace
and security
Nothing contained in the present Charter
shall authorize the United Nations to
intervene in matters which are essentially
within the domestic jurisdiction of any
state or shall require the Members to
submit such matters to settlement under
the present Charter; but this principle
shall not prejudice the application of
enforcement measures under Chapter
Vll."
Economic and Social Council (ECOSOC) Serves as central forum for discussing
international economic and social
issues, and for formulating policy
Recommendations

The Economic and Social Council may

make or initiate studies and reports with
respect to international economic, social,
cultural, educational, health, and related
matters and may make recommendations
with respect to any such matters to the
General Assembly to the Members of the
United Nations, and to the specialized
agencies concerned.
It may make recommendations for the
purpose of promoting respect for, and
observance of, human rights and
fundamental freedoms for all.
It may prepare draft conventions for
submission to the General Assembly, with
respect to matters falling within its
competence.

It may call, in accordance with the rules

prescribed by the United Nations,
international conferences on matters
falling within its competence.

● Higher standards of living, full

employment and conditions of
economic and social progress and
development.
● Solutions of international
economic, social, health and
related problems and international,
cultural and educational
cooperation.
● Universal respect for and
observance of human rights and
fundamental freedoms for all
without distinction as to race, sex,
language or religion.
Trusteeship Council
International Court of Justice
Optional Jurisdiction Clause
Contentious Jurisdiction
Advisory Jurisdiction
formed to oversee the decolonization of
dependent territories from colonial times.
Responsible for administering trusteeship
territories that are not yet self-governing
principal organ of UN; gives advisory
opinions on legal questions referred to it
by authorized UN organs and specialized
agencies
provides that the states parties to the ICJ
Statute (currently all the 185 UN member
states and Nauru and Switzerland) may at
any time file with the UN Secretary-
General declarations stating that they
recognize as compulsory, without special
agreement, in relation to any other state
accepting the same obligation, the
Court's jurisdiction in all legal disputes
concerning the interpretation of a treaty,
any question of international law, the
existence of any fact which, if
established, would constitute a breach of
an international obligation, or the nature
or extent of the reparation to be made for
the breach of an international obligation.
exercised in settling disputes of a legal
nature that are submitted to it by States in
accordance with international law.
● Jurisdiction is a function of the will
of the body of States parties to the
Charter and Statute.
● A case cannot be brought by or
against a non-State entity.
● Members of the UN are
automatically parties to the
Statute.
● However, it is possible for a State
to become a party to the Statute
● without joining the UN
expresses the view of the Court as to the
 relevant international legal principles and
rules.

Since an international organization

cannot be a party to proceedings before
the Court, a dispute between an
organization and a State cannot be
settled by contentious proceedings.
In the event of such dispute, the GA may
ask the ICJ for an advisory opinion and
this may be accepted as “decisive” by the
State and the organization.

Secretariat ● To gather and prepare background

information on various issues so
that government delegates can
study the facts and make
recommendations;
● To help carry out the decisions
made by the different organs of
the United Nations;
● To organize international
conferences;
● To translate speeches and
distribute documents into the UN’s
official languages;
To keep the public informed about the
work of the United Nations.

● The Secretary-General’s functions

include:
● Bringing any problem that
threatens world peace to the
attention of the Security Council;
● Proposing issues to be discussed
by the General Assembly or any
other organ of the United Nations;
● Acting as a “referee” in disputes
between Member States;
● Each Secretary-General also
defines his role within the context
of his particular time in office.
●
Enforcement Action of the Security
Council on the Use of Force
Jurisdiction of the International Court of
Justice
The use of non-force may include
complete or partial interruption of
economic relations and of rail, sea, air,
postal, telegraphic, radio, and other
means of communication, and severance
of diplomatic relations
The use of force may include action by
air, sea, or land forces as may be
necessary to maintain or restore
international peace and security. Such
action may include demonstrations,
blockade, and other operations by air,
sea, or land forces of Members of the
United Nations
Under the UN Charter, the use of force is
allowed only in two instances, to wit:
1. In the exercise of the inherent right of
self-defense; and (1998, 2002, 2009 Bar);
and
2. In pursuance of the so-called
enforcement action that may be decreed
by the Security Council.
It seeks to limit resort to force between
States. States must refrain from the
threat or use of force against the
territorial integrity or political
independence of another state.
principal organ of UN; gives advisory
opinions on legal questions referred to it
by authorized UN organs and specialized
agencies
When a State becomes a party to the
Rome Statute, it agrees to submit itself to
the jurisdiction of the ICC with respect to
 the crimes enumerated in the Statute.

1.) Contentious Jurisdiction is

exercised in settling disputes of a
legal nature that are submitted to it
by States in accordance with
international law.
2.) Advisory Jurisdiction - expresses
the view of the Court as to the
relevant international legal
principles and rules.

Part IV - Subjects of International Law

Subject vs. Object of International Law Subject:

● An entity that has rights and

responsibilities under
international law.
● It can be a proper party in
transactions involving the
application of the law of nations
among members of the
international community.
● Subjects include to a certain
extent individuals. (In terms of
Human Rights)
Object:

● A person or thing in respect of

which rights are held and
obligations assumed by the
subject.
● It is not directly governed by the
rules of international law.
● Its rights are received, and its
responsibilities imposed,
indirectly through the
instrumentality of an international
agency.
State Is a group of people, living together in a
fixed territory, organized for political
ends under an independent government,
and capable of entering into international
relations with other States.

Elements of Statehood Permanent Population – group of

individuals, of both sexes, living together
as a community. Degree of permanence
is required before this element can be
found present.

Defined Territory – fixed portion on the

earth’s surface occupied by the
inhabitants. It was provided that in order
to satisfy the requirement of territory, it
is enough that the State possesses the
land it claims as its territory, even if the
formal boundaries of such territory have
yet to be settled.

Government – Must be organized,

exercising control over and capable of
maintaining law and order with the
territory. Can be held internationally
responsible for the acts of the
inhabitants. The identity of the State is
not affected by changes in Government.

Capacity to enter into Relations with

other States – includes freedom from
outside control in the conduct of its
foreign and internal affairs.

State Continuity The state continues as a juristic being

notwithstanding changes in its
circumstances, provided only that such
changes do not result in the loss of any
of its essential elements.

State Recognition The act by which a State acknowledges

 the existence of another State, a
government or a belligerent community,
and indicates its willingness to deal with
the entity as such under international law.

Theories of Recognition Constitutive recognition is compulsory and legal; it

(Minority View) may be compelled once the elements of a
State are established.

Theories of Recognition Declarative recognition merely affirms an existing

(Majority View) fact, like the possession by the State of
the essential elements; it is discretionary
and political.

Wilson or Tobar Doctrine It precludes recognition to any

government coming into existence by
revolutionary means so long as the freely
elected representatives of the people
thereof have not constitutionally
reorganized the country.

Stimson Doctrine There is no recognition of a government

established through external aggression.

Estrada Doctrine Involves 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.

Wilson Doctrine vs Estrada Doctrine In the Wilson or Tobar doctrine, a

government established by means
revolution, civil war, coup d’ etat or other
forms of internal violence will not be
recognized until the freely elected
representatives of the people have
organized a constitutional government
while in the Estrada doctrine any
diplomatic representatives in a country
where an upheaval has taken place will
deal or not deal with whatever
government is in control therein at the
time and either action shall not be taken
as a judgment on the legitimacy of the
 said government.

Classes of States (Independent) An independent state has freedom to

direct and control foreign relations
without restraint from other States

Classes of States (Dependent) An entity which, although theoretically a

State, does not have a full freedom in the
direction of its external affairs.

Classes of State (Neutralized) Independence and integrity are

guaranteed by an international treaty in
the condition that such State obligates
itself never to take up arms against any
other State (except in self-defense) or to
enter into an international obligation as
would indirectly involved it in war.

Belligerent Communities It exists when the inhabitants of a State

rise up in arms for the purpose of
overthrowing the legitimate government
or; when there is a state of war between
two states.

Belligerency exists when a sizable portion

of the territory of a state is under the
effective control of an insurgent
community which is seeking to establish
a separate government and the
insurgents are in de facto control of a
portion of the territory and population,
have a political organization, and are able
to maintain such control and conduct
themselves according to the laws of war.
For example, Great Britain recognized a
state of belligerency in the United States
during the Civil War.

Colony A colony is a dependent political

community consisting of a number of
citizens of the same country who have
migrated therefrom to inhabit another
country, but remain subject to the mother
State.
 Dependency
Territories under International Control or
Supervision
Part V - Fundamental Rights of States
Existence and Preservation
Dependancy is a territory distinct from
the country in which the supreme
sovereign power resides, but belongs
rightfully to it, and subject to the laws
and regulations which the sovereign may
prescribe
These are non-self-governing territories
that have been placed under international
supervision or control to insure their
political, economic, social, and
educational advancement.
Examples are Mandates which were
former territorial possessions of the
States defeated in World War I and placed
under the control of the League of
Nations.
Many of these mandates became trust
territories placed under the trusteeship
Council of the Nations.
By far the most basic and important right.
Art. 51 of the UN Charter recognizes the
right of the state to individual and
collective self-defense (through regional
arrangements) if an armed attack occurs
against such a state, until the Security
Council has taken measures necessary to
maintain international peace and
security. However, the right may be
resorted to only upon a clear showing of
grave and actual danger, and must be
limited by necessity. It is eventually the
 Security Council which determines
whether or not an “armed attack” has
taken place.

Sovereignty and Independence Sovereignty is the totality of the powers,

legal competence and privileges of a
state arising from customary
international law, and not dependent on
the consent of another state.

Independence is the freedom to conduct

foreign relations without outside control.
The right to independence is a natural
aspiration of peoples, but it is not an
absolute freedom. Valid restraints may
consist in the obligation to observe the
rights of others; treaty stipulations; and
obligations arising from membership in
international organizations.

Right of Equality UN Charter, states that the organization is

based on the principle of the sovereign
equality of all its members. But what is
really guaranteed is legal- or sovereign –
equality: “equal in law, rights of
sovereignty, personality, territorial
integrity and political independence
respected by the others”.

States are juridically equal, enjoy same

rights, and have equal capacity in their
existence. The rights of each one do not
depend upon the power which it
possesses to assure its exercise but
upon the simple fact of its existence as a
person under international law.

Act of State Doctrine Every sovereign state is bound to respect

the independence of every state

and the courts of the country will not sit

in judgment on the acts of the
government of another, done within its
 territory.

Doctrine of State Immunity As a consequence of independence,

territorial supremacy and equality, a state
enjoys immunity from the exercise of
jurisdiction by another state, unless it has
given consent, waived its immunity, or
voluntarily submitted to the jurisdiction of
the court concerned

Right of Legation or Diplomatic Also known as the right of diplomatic

Intercourse intercourse. This refers to the right of the
State to send and receive diplomatic
mission, which enables States to carry on
friendly intercourse. It is not a natural or
inherent right but exists only by common
consent. No legal liability is incurred by
the State for refusing to send or receive
diplomatic representatives.

● one of the most effective ways of

facilitating and promoting
intercourse among states;
● through the active right of sending
diplomatic representatives and the
passive right receiving them, states
are able to deal more directly and
closely with each other in the
improvement of their mutual
interests;
● since its purely consensual, the
maintenance of diplomatic
relations is not a demandable right
on the part of either the sending of
the receiving state;
● diplomatic relations are normally
conducted by the head of state, the
foreign secretary minister and the
members of the diplomatic service.

Right to Terristorial Integrity and Territory

Jurisdiction Land Territory
Maritime Territory
 the jurisdiction of the nation within its
own territory is necessary, exclusive and
absolute. It is susceptible of no limitation
not imposed by itself.
-It is asserted by the state over persons
and property withi

Jurisdiction of States In Public International Law, it is the right

of a State to exercise authority over
persons and things within its boundaries
subject to certain exceptions.

Jurisdiction may be exercised by a State

over:

● Its nationals
● Terrestrial domain
● Maritime and fluvial domain
● Continental shelf
● Open seas
● Aerial domain
● Outer space
● Other territories

Personal Jurisdiction - Power exercised by a State over its

nationals.

- It is based on theory that a national is

entitled to the protection of his state
wherever he may be and is, therefore,
bound to it by duty of obedience and
allegiance. (Doctrine of inedible
allegiance)

A. Active Nationality

This principle is for the protection of

interest of the State from abroad

Strict application on territory could be

harmful to the peaceful existence of
international society.

The State has its fundamental right to

 apply its laws to prosecute illegal
conduct.

B. Passive Nationality

● Treaty Based passive nationality is

more effective than Statute based
passive nationality

● Jurisdiction can be exercised by

the State where the offence took
place

● This has been opposed by

common law States but due to the
transnational crimes, it gets
approved

Terristorial Jurisdiction -the jurisdiction of the nation within its

own territory is necessary, exclusive and
absolute. It is susceptible of no limitation
not imposed by itself.

-It is asserted by the state over persons

and property within its immediate control
and subject to its coercive processes.

- It is the authority of the State over

persons, property and events which are
primarily within its territories. Extends
over all matters arising in the territory of
a state Land, national Airspace, internal
water, territorial sea, national aircraft and
national vessel

Land Jurisdiction Everything found within the terrestrial

domain of the state is under its
jurisdiction.
 ● Nationals
● Aliens
● Non-residents

Maritime Jurisdiction English Rule

The coastal state shall have jurisdiction
over all offenses committed on board the
vessels, except only where they do not
compromise the peace of the port.
(Emphasizes territoriality)

English Rule is applicable in the

Philippines

“The mere possession of opium aboard a

foreign vessel in transit through Philippine
waters is not considered breach of public
order, smoking of the drug on board such
vessel will produce pernicious effects
within out territory and is, therefore,
triable by our courts.”

French Rule
The flag state shall have the jurisdiction
over all offenses committed on board the
vessels, except only where they
compromise the peace of the port.
(Emphasizes the nationality of the ship)

Other Aspects of Jurisdiction - Refers to particular aspects of the

general legal competence of
states

- An aspect of sovereignty and

refers to Judicial, Legislative , and
administrative competence.

- Judicial refers to Adjudicative

Jurisdiction is the power of the
courts of a state to hear cases
concerning the persons, property
or events in question
- Legislative refers to Prescriptive
 Jurisdiction is the power to make
decisions or rules.
- Administrative Competence or
Enforcement or Prerogative
Jurisdiction is the power to take
executive action in pursuance of
or consequent on the making of
decisions or rules

Fundamental Duties of the State 1. To respect the right of other states

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

1. Nationality - membership in a community by virtue of the sovereign state

2. Citizenship - is not broad and it pertains in the exercise of political rights by the people/
to obtain political status

Multiple Nationalities
In order to avoid multiple nationality kasi pwede magkaroon ng nationality becuase of the
application of the

1. different legal systems in the domestic sphere there can be multiple nationalities.

2. If there is simultaneous application of jus sanguini, jus solis principles provided there is a
provision where you cannot renounce nationality

3. Virtue of any legislative act, concurrent applications of laws of your current nationality.

Loss of Nationalities
1. Renunciation of allegiance to other state
2. Naturalization
a. Administrative
b. Legislative
c. 1987 consti - dual allegiance is different to dual citizenship

Doctrine of Effective Nationality

a. A person having more than one nationality shall be treated as if he had only one – either
the nationality of the country in which he is habitually and principally resident or the
nationality of the country with which in the circumstances he appears to be in fact most
closely connected.
 NOTE: Also known as Nottebohm principle or the Genuine Link Doctrine. (eg business
transaction)

Statelesness- Condition or status of an individual who has no nationality.

The person is stateless because 1. Born with No nationality (example convention of foundling)
2. Deprived of nationality (nationality can be identified where he or she is found)

Statelesness are different from Refugees (Distinguish)

Stateless - arise because a person is born w/o nationality and there is a deprivation of
nationality on his part while

Refuge- FORCEFUL MEANS OF LOSING THE PLACE OF RESIDENCE politically given upon
application of refuge application. (1950 rights of convention of refugees grounds)

Commonalities on the enjoyment of rights (enumerate the rights) between the stateless persons
and refugees. FREEDOM, ACCESS TO COURTS,
Internationally displaced persons vs refugee

Internationally displaced person (rohingya refugees, important actors of the national sphere)
cross boarer from one country to another, no choice but to stay out of their homes but they are
not considered refugees, refugees are

Internally displaced person - have not crossed any borders to find their refuge or safety.
Because of armed conflict, gross violation of human rights, natural disaster.

Migrants - Work

Deportation - process wherein an undesirable alien will have to be forced to leave from the
country
1.

- Distinction of citizenship and nationality.

- Concept of Mass denationalization
- memorize the conditionalities of refugees,
- how are nationalities lost
- Renunciation of filipino citizens
- Expiration of natiionality
- acceptance of refugees (can the philippines accept refugee?)
 - Familiarize with the classes of individuals

Refugees
Two kinds ( refer to Mr. Sarabia’s ppt)
1. De facto
2. De Jure

Who are citizens of the Philippines (review the 1987 constitution)

Concept of Denaturalization (How)
Concept of nationality principle
Concept of Universality Principle (what if a crime is committed by other nationality, where should
they be tried?)

Two types of right of legation

Who are the actors of diplomatic intercourse?
1. Consuls and ambassadors- distinction and commonalities.

Part VII CITIZENSHIP, NATIONALITY AND STATELESSNESS

Nationality ● the tie that binds an individual to his

state, from which he can claim
protection and whose laws he is
obliged to obey.
● It is the membership in a political
 community with all its concomitant
rights and obligations

Nationality denotes where an individual has

been born or holds citizenship with a state.

Ethnic or Racial

The place or country where the individual has

taken birth

Nationality cannot be change

Citizenship ● has more exclusive scope

● applies only to certain members of the
State
● more privileges than the rest of the
people who also owe it allegiance

Citizenship is a legal status in a political

institution such as a city or a state.

Legal or Juristic

The individual is designated as a citizen by

the government of the country

Citizenship can be changed

Acquisition of Nationality a. By birth – where an individual
acquires the nationality of the state
where he is born jure soli or the
nationality of his parents jure
sanguinis
b. By naturalization – a process by
which a foreigner acquires, voluntarily
or by operation of law, the nationality
of another state

Direct

i. By individual proceedings, usually

judicial, under general naturalization laws

ii. By special act of the legislature, often in

favor of distinguished foreigners who have
rendered some notable service to the local
state

iii. By collective change of nationality

(naturalization en masse) as a result of
cession or subjugation

iv. In some cases, by adoption of orphan

minors as nationals of the state where they
are born.

Derivative – does not always follow for it is

usually made subject to stringent restrictions
and conditions.

In the Philippines, an alien woman married

to a Filipino shall acquire his citizenship only
if she herself might be lawfully naturalized

i. On the wife of the naturalized husband

ii. On the minor children of the naturalized
parent
iii. On the alien woman upon marriage to a
national

Multiple Nationality An individual may sometimes find himself

possessed of more than one nationality
because of the

1. different legal systems in the domestic

sphere
 2. If there is simultaneous application of
jus sanguini, jus solis principles
provided there is a provision where
you cannot renounce nationality.

3. Virtue of any legislative act,

concurrent applications of laws of your
current nationality.

Doctrine of Indelible Allegiance An individual may be compelled to retain his

original nationality notwithstanding that he
has already renounced or forfeited it under
the laws of a second state whose nationality
he has acquired

IDP An internally displaced person (IDP) is

someone who is forced to leave their home but
who remains within their country's borders.

Loss of Nationality 1. Voluntarily (both modes usually precede

the acquisition of a new nationality)
a. Renunciation – express or implied
b. Request for release

2. Involuntarily

a. Forfeiture – as a result of some

disqualification or prohibited act like
enlistment in a foreign army or long continued
residence in aforeign state

b. Substitution – of one nationality

for another following a change of sovereignty
or any act conferring derivative naturalization

Doctrine of Effective Nationality A person having more than one nationality

shall be treated as if he had only one – either
the nationality of the country in which he
is habitually and principally resident or the
nationality of the country with which in the
circumstances he appears to be in fact
most closely connected.

Doctrine of Genuine Link It states that the bond of nationality must

be real and effective in order that a State
 may claim a person as its national for the
purpose of affording him diplomatic
protection.

Stateless Person Someone “who is not considered as a

national by any State under operation of its
law.”

The Convention provides important

minimum standards of treatment. It
requires that stateless persons have the
same rights as citizens with respect to
freedom of religion and education of their
children.

De Jure Stateless Person are those who have lost their nationality, if
they had one, and have not acquired a new
one.

De facto stateless persons are those who have a nationality but

to whom protection is denied by their
state when out of the state. This is the
situation of many refugees.

people who, if returned to their country of

origin, will find that their lives and safety are
at risk, but who have not been persecuted by
their government.

Refugees 1. Any person who, owing to well-

founded fear of being persecuted
for reasons of race, religion,
nationality, membership of a particular
social group or political opinion, is
outside the country of his
nationality.
2. Because of such fear unwilling to
avail himself of protection of that
country
3. who, not having a nationality and
being outside the country of his
former habitual residence as a
result of such events, is unable or,
owing to such fear, is unwilling to
return to it

(The Refugee Convention of 1951)

Right of Legation Also known as the Right of Diplomatic
Intercourse

It is the right of the state to send and receive

diplomatic missions, which enables states to
carry on friendly intercourse

Active Right- the right to send envoys or

establish diplomatic mission

Passive Right- the right to receive such

envoys or mission

It is not a natural or inherent right but exists

only by common consent.

Diplomatic Mission A diplomatic mission or foreign mission is a

group of people from a state or organization
present in another state to represent the
sending state or organization officially in the
receiving or host state.

Agents of Diplomatic Intercourse Head of State - embodiment of and

represents the sovereignty of the state
and enjoys the right to special protection
for his physical safety and preservation of his
honor and reputation

The Foreign Office - actual day-to-day

conduct of foreign affairs is usually
entrusted to Foreign Office, headed by
Secretary or Minister, who in proper cases
may make binding declaration on behalf of his
government

Agreation sending State is not absolutely free in the

choice of its diplomatic representatives,
especially the heads of missions because
the receiving State has the right to refuse
to receive as envoy of another State a
person whom it considers unacceptable.

To avoid embarrassment, states report to

an informal inquiry (enquiry) as to the
acceptability of a particular envoy, to
which the receiving state responded with
 an informal conformity (agreement). This
informal process is known as agreation.

Diplomatic Immunities and Privileges ● Inviolability of the person of diplomatic

representative
● Inviolability of premises and archives
● Right of official communication
● Immunity from local jurisdiction
● Exemption from taxes and customs
duties
● Right of movement and travel
● Exemption from all personal and military
obligations
● Use of flag and emblem of the sending
state

Inviolability of the person of diplomatic He shall not be liable to any form of arrest or
representative detention. No one may halt the departure of
the ambassador

The receiving State shall treat him with due

respect and take all steps to prevent any
attack on his person

Inviolability of premises and archives The agents of the receiving state may not
enter them, except with the consent of the
head of the mission

The receiving State is under a special duty

to take all appropriate steps to protect the
premises of the mission against any
intrusion or damage and to prevent any
disturbance of the peace of the mission, or
impairment of its dignity

The premises of the mission, their furnishings

and other property thereon, and the means of
transport of the mission shall be immune from
search, requisition, attachment, or execution

Exemption from taxes and customs duties Diplomatic agents are exempt from all dues
and taxes, whether personal or real,
national, regional or municipal

EXCEPTIONS
a.) indirect taxes normally incorporated in the
price of goods or services
b.) dues and taxes on private immovable
property situated in the territory of the
 receiving State, unless he holds it on behalf
of the sending State for purposes of the
mission
c.) State, succession, or inheritance taxes
levied by the receiving State
d.) dues and taxes on private income having
its source in the receiving State

Consul official representative of the government of

one state in the territory of another,

normally acting to assist and protect the

citizens of the consul’s own country and
facilitate trade and friendship between the
people of the two countries

Deportation/Expulsion
Deportation/Expulsion the lawful expulsion of an alien from a country

the action of forcing someone to leave a

country, especially someone who has no
legal right to be there or who has broken the
law.

Reconduction The forcible conveyance of aliens back to

their home state.

Doctrine of State Responsibility State is obliged under international law to

provide protection to the nationals of other
states visiting its territory.

State is under obligation to make reparations

to another State for the failure to fulfill its
primary obligation to afford the proper
protection due to the alien national.

1. An international deliquency
2. The act or omission is directly or
indirectly imputable to the State
3. Injury to the claimant State indirectly
because of damage to its national

International Delinquency treatment of the alien should amount to an

outrage, to bad faith, willful neglect of duty, or
insufficiency of governmental action, such
that every reasonable and impartial man
would readily recognize its insufficiency or

Equality of Treatment
Direct/Indirect imputation
Acts of Gov't Officials
Acts of Private Individuals
Injury to the National
Treatment of Aliens
Enforcement of Alien’s Claim
inadequacy.
Treatment test is simply whether the alien
was treated in accordance with the ordinary
standards of civilizations.
when the laws of the State conform to the
international standard of justice
the act or omission causing damage to the
alien may be indirectly imputable to the State
if no reasonable efforts to prevent injury were
exerted.
Acts of primary agents of the State will give
rise to DIRECT state responsibility.
Acts of private individuals are only
imputable to the State
1. actual or tacit complicity in the act
2. cover-up in the investigation
3. negligence in taking measures to
prevent injury
4. prevention from prosecuting a civil
case against the offender
There is injury to the claimant State
indirectly because of damage to its
national.
An alien must first exhaust all available
local remedies for the protection or
vindication of his rights, because the State
must be given an opportunity to do justice in
its own regular way and without unwarranted
interference with its sovereignty by other
States.
diplomatic protection does not generally come
into play for as long as exhaustion has not yet
taken place.
XPN: This requirement may be dispensed
with if there are no remedies to exhaust, or
where the courts are corrupt, or where there
is no adequate machinery for the
 administration of justice, or where the
international delinquency results from an “Act
of State”.

Calvo Clause A stipulation by which an alien waives or

restricts his right to appeal to his own
State in connection with any claim arising
from the contract and agrees to limit
himself to the remedies available under
the laws of the local State.

Diplomatic Protection Diplomatic protection (or diplomatic

espousal) is a mean for a State to take
diplomatic and other action against
another State on behalf of its national
whose rights and interests have been
injured by the other State.

Diplomatic protection, which has been

confirmed in different cases of the
Permanent Court of International Justice
and the International Court of Justice, is a
discretionary right of a State and may take
any form that is not prohibited by
international law

Two requirements for the exercise of 1. The Exhaustion of Local Remedies

diplomatic protection under Customary 2. Effective and Continuous Nationality
International Law

Modes of Enforcement of Claims Negotiation

- involves conferring with another with a
view to agreement.

There are no formal rules to governing

how negotiations should be conducted,
although there are culturally acceptable
approaches.

Modes of Enforcement of Claims Mediation

In mediation, a neutral third party mediator

facilitates the negotiation of a solution by the
parties involved.
 Modes of Enforcement of Claims Arbitrator

Arbitration involves submitting a dispute to an

arbitrator who hears arguments from the
parties then resolves the conflict by making a
decision (usually binding) called an “award‘.’
The courts can enforce the award

Modes of Enforcement of Claims Judicial Settlement

Dispute is placed before an existing

independent court.

Reparation refers to the process and result of remedying

the damage or harm caused by an unlawful
act.

The purpose of reparation is generally

understood to reestablish the situation that
existed before the harm occurred. The
obligation to make reparation follows a
determination that a particular act caused, or
sufficiently contributed to, the harm or
damages and implies a level of wrongfulness.

Satisfaction Describes a particular form of reparation in

the law of State responsibility.

This particular reparation is deemed to repair

immaterial damages—as opposed to material
damages—caused by an internationally
wrongful act, since ‘‘full reparation’ is a
principle that has long been recognized.

Right to Territorial Integrity

Discovery and Occupation An original mode of acquisition by which
territory not belonging to any state, or terra
nullius, is placed under the sovereignty of the
discovering state

Prescription Similarities with occupation: it requires

effective control.

Unlike occupation: the required length of

 effective control is longer than in occupation.

Cession occurs when the acquiring sovereign derives

its title to a new territory by the ceding
sovereign’s transferring to it the supreme
power over that territory.

Cession requires possession or occupation

by the acquiring sovereign. When such
occupation takes place, the subjects
domiciled in the newly acquired insular area
become nationals of the acquiring sovereign.

Conquest is a mode of acquiring sovereignty over

territory by having been previously conquered
or occupied in the course of war by the
enemy, it is formally annexed to it at the end
of that war. It confers only an inchoate right
on the occupying state; it is the formal act of
annexation that completes the acquisition.

Accretion and Avulsion Accretion is the gradual increase of territory

by the action of nature while avulsion is a
sudden change resulting for instance from the
action of a volcano.

Thalweg Doctrine Aims to resolve water boundary disputes. the

boundary between two states divided
by a flowing body of water may be
drawn along the Thalweg, which is the
line of greatest depth of the channel.

Middle of the Bridge Doctrine Where there is a bridge over a boundary

river, the boundary line is the middle or center
of the bridge.

Archipelagic Doctrine It is defined as all waters, around between

and connecting different islands belonging to
the Philippine Archipelago, irrespective of
their width or dimension, are necessary
appurtenances of its land territory, forming an
integral part of the national or inland waters,
subject to the exclusive sovereignty of the
Philippines.

1967 Treaty on the Exploration and Use of
Outer Space
The treaty forbids countries from deploying
"nuclear weapons or any other kinds of
weapons of mass destruction" in outer space.
The term "weapons of mass destruction" is
not defined, but it is commonly understood to
 include nuclear, chemical, and biological
weapons.

International Dispute Settlement It is the political or legal dispute/s that can be

resolved on the basis of international law.

Cause of International Dispute 1. Ideological Difference

2. National Integrity
3. Territorial Claim
4. National Prestige
5. Unlimited Colonialism
6. Liberation Movement

Two grounds on which a disagreement a. Political

arises b. Legal

For a dispute to be regarded as a legal one,

States must desire to settle it on the
basis of law, or else it becomes a political
dispute. In International Law, there have
been two methods devised for settling legal
disputes- amicable or pacific means of
settlement, and coercive or compulsive
means of settlement.

Compulsive or Coercive Means ● Non-peaceful means of settling a

dispute.
● This method may sometimes also
involve force and pressure to resolve
the issue raised.
● Force in this method does not indicate
to the extent of armed forces but
methods that are short of war.

E.g: retorsion, reprisals, embargo, pacific

blockade, intervention

Amicable Means ● Extra-judicial peaceful means

● Negotiation
● Good office
● Mediation
● Conciliation
● Enquiry
● Arbitration

Lex Loci Arbitri ● Law of the State governing Arbitration

proceedings

Convention on International Civil Aviation
Dispute Mechanism
Settling disputes between states
International Humanitarian Law?
● While Arbitration is private in nature,
proceedings happening in state
● jurisdictions must be just and fair
● Parties must submit a certified true
copy of awards to the tribunal
● Awards submitted may still be
challenged
● Arbitrators powers are limited to those
agreed by the parties
International Civil Aviation Organization, a
specialized agency of the UN charged with
coordinating international air travel.
A structured process that addresses disputes
or grievances that arise between two or more
parties engaged in business, legal, or societal
relationships.
Typically non-judicial in nature, meaning that
they are not resolved within the court of law
The DSM in the absence of a judicial body, is
the closest representation of a supreme court
or judicial institution in a regional bloc or other
international organization.
The DSM acts as an impartial third party,
wherein it intervenes in any international
conflict to offer feasible solutions for both
sides.
The principal judicial organ of the United
Nations is the International Court of Justice
(ICJ). This main body of the UN settles legal
disputes submitted to it by States in
accordance with international law. It also
gives advisory opinions on legal questions
referred to it from authorized UN organs and
specialized agencies.
Set of rules which seeks, for humanitarian
reasons to
1. limit the effects of armed conflict
2. protect persons who are not or are no
longer participating in the hostilities
3. imposes limits on the means and
method of warfare
 "Laws of War" which provides for instances
when the use of armed force is justifiable (jus
ad bellum) and regulates the conduct of
armed conflict (jus in bello).
Defines the conduct and responsibilities of
belligerent nations, neutral nations,
and individuals engaged in warfare, in relation
to each other and to protected
persons.

Geneva Conventions in 1949 Persons not actively engaged in warfare

should be treated humanely. Rules apply to
any armed conflict whether a war is declared
or not.

Conventions:

1. Wounded and Sick in Armed Forces in

the Field
2. Wounded, Sick and Shipwrecked
Members of the Armed Forces at Sea
3. Prisoners of War
4. Civilian Persons in Time of War

International Criminal Court The International Criminal Court (“the

ICC” or “the Court”) is a permanent
international court established to
investigate, prosecute and try individuals
accused of committing the most serious
crimes of concern to the international
community as a whole, namely the crime
of genocide, crimes against humanity, war
crimes and the crime of aggression.

1. A situation in which one or more of

such crimes appears to have been
committed is referred to the
Prosecutor by a State Party
2. A situation in which one or more of
such crimes appears to have been
committed is referred to the
Prosecutor by the Security Council
acting under Chapter VII of the
Charter of the United Nations; or
3. The Prosecutor has initiated an
investigation in respect of such a
crime