Tarlac State University – School of Law

Public International Law

Atty. Catherine Rose G. Diaz
Course Outline

I. INTRODUCTION; GENERAL CONCEPTS; NATURE OF INTERNATIONAL

LAW

Guide Questions:
✓ Is international law a true law?
✓ What is international law for?
✓ What are the sources of international law?
✓ How is international law enforced?
✓ What are the consequences, if any, for breach of international law?

a) Definition
b) Jus Gentium
c) Distinguished from Private International Law
d) Basis of International Law
e) Sources of International Law
➢ Hard Law v. Soft Law
➢ Conventional Sources; Article 38, International Court of Justice
Statute
o International Convention and Treaties
▪ 1969 Vienna Convention on the Law of Treaties
• Article 2
• Pacta Sunt Servanda, Article 26
• Articles 27 and 46
▪ Law-Making Treaties v. Treaty Contracts
o Customary International Law
▪ Customs v. Usage
▪ Opinio Juris Sive Necessitatis
▪ Martens Clause
o General Principles of International Law
▪ Equity as a “General Principle of Law,” Article 38 (1) (c) v.
Article 38 (2), International Court of Justice Statute (Ex
Aequo Et Bono)
o Judicial Decisions and Juristic Writings
▪ Article 59, International Court of Justice Statute
▪ International Court of Justice Advisory Opinion, Article
96, UN Charter in relation to Chapter IV, Articles 65 to
68, ICJ Statute

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 ▪ Advisory Opinion the Legality of the Threat or Use of
Nuclear Weapons in Armed Conflict
➢ Obligations Erga Omnes
➢ Jus Cogens; Article 53, Vienna Convention on the Law of Treaties
o Elements
o Evidence of Acceptance and Recognition
➢ Modern/Unconventional Sources
o United Nations General Assembly Resolutions
o United Nations Security Council Resolutions; Article 25, United
Nations Charter

II. RELATIONSHIP OF INTERNATIONAL LAW AND MUNICIPAL LAW;

DOMESTICATION OF INTERNATIONAL LAW

Guide Questions:
✓ What is the difference between International Law and Municipal
Law?
✓ Is there a more superior law as between International Law and
Municipal Law?
✓ How is International Law domesticated?
✓ Is the Philippine monist or dualist?

a) Monist Theory v. Dualist Theory

b) Doctrine of Incorporation v. Doctrine of Transformation
➢ Article II, Section 2, 1987 Constitution (Incorporation Clause)
➢ Article VII, Section 21, 1987 Constitution (Treaty Clause)
o Pharmaceutical and Health Care Association of the Philippines
v. Duque III, En Banc, G.R. No. 173034, October 9, 2007
o Bayan Muna v. Romulo, G.R. No. 159618, February 1, 2011
o Poe-Llamanzares v. Commission on Elections, G.R. Nos. 221697
& 221698-700, March 08, 2016
o Pangilinan, et al. v. Cayetano, et al., En Banc, G.R. No. 238875,
March 16, 2021
c) Conflict between International Law and Municipal Law
➢ Article 27, The Vienna Convention of the Laws of Treaties
➢ Article 46, The Vienna Convention of the Laws of Treaties
➢ Article VIII, Section 4 (2) and Section 5 (2) (a) 1987 Constitution
➢ Lex posterior derogat priori

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III. ACTORS IN INTERNATIONAL LAW

Guide Questions:
✓ Is recognition an element of statehood?

a) Subject of International Law v. Object of International Law

➢ States
➢ International Organizations
➢ Individual
➢ Sui Generis Entities
b) States
➢ Elements of Statehood; Conditions for Statehood
o People
o Territory
o Government
o Sovereignty
▪ Internal Sovereignty v. External Sovereignty
▪ Doctrine of Auto-limitation
➢ Montevideo Convention on the Rights and Duties of States; Conditions
for Statehood
➢ Theories on Recognition of a State
o Majority view v. Minority view
➢ Recognition of State v. Recognition of Government
o Tobar/Wilson Doctrine, Stinson Doctrine, and Estrada Doctrine
o De Facto v. De Jure Recognition
➢ The Vatican and the Holy See
o The Holy See v. Rosario, En Banc, G.R. No. 101949 01
December 1994
o The Lateran Treaty
o Sui Generis Entities:
▪ The Vatican
▪ The Order of Malta
▪ The International Committee on Red Cross/Crescent
➢ Fundamental Rights and Duties of States
o 1945 Charter of the United Nations, Articles 1, 2, 3, and 4
▪ Right of Existence and Self-Preservation
▪ Right of Sovereignty and Independence
▪ Right of Equality
a. Doctrine of Sovereign Immunity
b. Act of State Doctrine
▪ Right of Property and Jurisdiction
▪ Right of Diplomatic Intercourse

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 o Fundamental Duties of States
o Calvo Doctrine and Drago Doctrine
➢ Principle of State Continuity
➢ Succession of States v. Succession of Governments
➢ Kinds of States
o Independent
o Dependent:
o Neutralized:
▪ Neutralization v. Neutrality

Guide Question/s:
✓ How are individual rights enforced and obligations imposed under
International Law?

c) Individuals
➢ International Human Rights Law
➢ Seven (7) core international human rights treaties.
o International Convention on the Elimination of All Forms of
Racial Discrimination (ICERD)
o International Covenant on Civil and Political Rights (ICCPR)
o International Covenant on Economic, Social and Cultural
Rights (ICESCR)
o Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW)
o Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT)
o Convention on the Rights of the Child (CRC)
o International Convention on Protection of the Rights of All
Migrant Workers and Members of Their Families (ICMRW)
➢ International Humanitarian Law
o The Geneva Conventions and their Additional Protocols
➢ International Criminal Law
o Rome Statute
o Convention on the Prevention and Punishment of the Crime of
Genocide

Guide Question/s:
✓ What are the roles of international organizations?

d) International Organizations
➢ The United Nations
o Principal Organs

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 ➢ United Nations Children’s Fund (UNICEF)
➢ World Health Organization (WHO)
➢ World Economic Forum
➢ International Monetary Fund (IMF)
➢ World Bank
➢ World Trade Organization
➢ United Nations Education Scientific & Cultural Organization
(UNESCO)
➢ South Asian Association for Regional Cooperation (SAARC)
➢ Association of South East Nations (ASEAN)
➢ Organization for Economic Cooperation & Development (OECD)
➢ Asian Infrastructure Investment Bank (AIIB)
➢ New Development Bank (BRICS Development Bank)
➢ Asian Development Bank (ADB)
➢ World Wide Fund for Nature (WWF)

IV. TERRITORY OF STATES

Guide Question/s:
✓ What is the National Territory?
✓ What is the Philippines’ claim on Sabah?
✓ Did R.A. 9522 reduce the Philippine maritime territory?
✓ Did R.A. 9522 open the country’s waters to innocent and sea lanes
passages hence undermining our sovereignty and security?
✓ Did R.A. 9522 weaken our claim over the KIG and Scarborough?
✓ Is China’s “nine-dash line” anchored on historic rights, covering
most of the South China Sea, valid?
✓ How are islands, rocks, and low tide elevations different from one
another?

a) Philippine Territory
➢ The National territory Article I, 1987 Constitution
o 1973 Constitution, Art. I, Sec. 1.
o 1935 Constitution, Art. I, Sec. 1.
➢ Republic Act No. 9522, “An Act to Define the Baselines of the
Territorial Sea of the Philippines”
➢ Treaty of Peace Between the United States of America and the
Kingdom of Spain (Treaty of Paris), 10 December 1898.
➢ Treaty Between the Kingdom of Spain and the United States of
America for Cession of Outlying Islands of the Philippines, 1990.

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 ➢ Convention Between the United States of America and Great Britain
Delimiting the Boundary Between the Philippine Archipelago and the
State of Borneo (1930).
➢ Treaty of General Relations Between the Republic of the Philippines
and the United States of America, Art. I (1946).
➢ Agreement Between the Republic of the Philippines and the United
States of America Concerning Military Bases (1947).
o Magallona v. Ermita, En Banc, G.R No. 187167, 16 August
2011
o The Province of North Cotabato v. GRP Peace Panel, En Banc,
G.R. No. 183591, 14 October 2008
➢ Philippines’s Claim to Sabah
b) Law of the Sea and Air
➢ 1982 Convention on the Law of the Sea, Arts. 1-13, 33, 46-73, 76-81,
86-98, 110-112, 116-121, 136-142, 293
➢ Republic Act No. 9522, “An Act to Define the Baselines of the
Territorial Sea of the Philippines”
o Archipelagic Doctrine
o Straight Baseline Method
o Thalweg Doctrine
➢ Maritime Zones and the Archipelagic State
➢ Territorial Sea
o Right of Innocent Passage, Section 2, Article 8 and Section 3,
UNCLOS
➢ Contiguous Zone
➢ Exclusive Economic Zone (Patrimonial Sea)
➢ High Seas; Freedom of the High Seas
o The Republic of Philippines v. The People's Republic of China,
Permanent Court of Arbitration (PCA) Case No. 2013-19, 12
July 2016
o Arigo v. Swift, En Banc, G.R. No. 206510, 16 September 2014
➢ Convention on International Civil Aviation, signed at Chicago on 7
December 1944
o Freedoms of the Air
c) Outer Space
➢ 1967 Treaty on the Exploration and Use of Outer Space
➢ United Nations Treaties
o Treaty on Principles Governing the Activities of States in the
o Exploration and Use of Outer Space, including the Moon and
Other Celestial Bodies

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 o Agreement on the Rescue of Astronauts, the Return of
Astronauts and the Return of Objects Launched into Outer
Space
o Convention on International Liability for Damage Caused by
Space Objects
o Convention on Registration of Objects Launched into Outer
Space
o Agreement Governing the Activities of States on the Moon and
Other Celestial Bodies
➢ Principles adopted by the UN General Assembly
o Declaration of Legal Principles Governing the Activities of States
in the Exploration and Use of Outer Space
o Principles Governing the Use by States of Artificial Earth
Satellites for International Direct Television Broadcasting
o Principles Relating to Remote Sensing of the Earth from Outer
Space
o Principles Relevant to the Use of Nuclear Power Sources in
Outer Space
o Declaration on International Cooperation in the Exploration and
Use of Outer Space for the Benefit and in the Interest of All
States, Taking into Particular Account the Needs of Developing
Countries

V. JURISDICTION AND IMMUNITIES

Guide Questions:
✓ What is the basis of Sovereign Immunity from Suit?
✓ When may a foreign State be sued?
✓ Which court are we pertaining to in Sovereign Immunity from Suit?
✓ What is the basis of Diplomatic Immunity?
✓ What is the basis of Consular Immunity, if there be any?
✓ What is s State’s right to Legation?
✓ Is Extradition the same with Deportation?
✓ May a State refuse to grant Extradiiton?
✓ Does an individual have the right to be granted an asylum?
✓ Is an asylum seeker a refugee?

a) Jurisdiction
➢ Bases of Jurisdiction
o Territorial Principle
▪ Extraterritorial Jurisdiction
o Nationality Principle

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 o Protective Principle
▪ Article 2, Revised Penal Code
▪ Section 21, R.A. No. 10175, "Cybercrime Prevention Act of
2012"
▪ Section 14, R.A. No. 11930 "Anti-Online Sexual Abuse or
Exploitation of Children (OSAEC) and Anti-Child Sexual
Abuse or Exploitation Materials (CSAEM) Act"
▪ Section 26-A, R.A. No. 10364, “An Act Expanding R.A. No.
9208”
o Universality Principle
• Doctrine of Sovereign Immunity
o Classical or Absolute Theory v. Newer or Restrictive theory
▪ The Holy See v. Rosario, En Banc, G.R. No. 101949, 01
December 1994
▪ Arigo v. Swift, G.R. No. 206510, 16 September 2014, En
Banc
o Article XVI, Section 3, 1987 Constitution
o Principle of Sovereign Equality of States
o Par in parem non habet imperium
o General Rule and Exceptions
o Jure imperii v. jure gestionis
o Act of State Doctrine
b) Diplomatic Immunity
➢ 1961 Vienna Convention on Diplomatic Relations
➢ UN Convention on the Prevention and Punishment of Crimes Against
Internationally Protected Persons
o The Right of Legation
▪ Establishment of resident missions
▪ Classes of heads of missions
▪ Diplomatic Corps
▪ Appointment of diplomatic envoys
▪ Letters of credence
▪ Notification
o Functions and Duties
o Privileges and Immunities
▪ R.A. No. 75
▪ Personal Inviolability
▪ Inviolability of premises and archives
• Republic of Indonesia v. Vinzon, G.R. No. 154705,
26 June 2003, En Banc
▪ Right of official communication
▪ Exemption from local jurisdiction

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 ▪ Exemption from subpoena as witness
▪ Other privileges
▪ Duration of Immunities and Privileges
▪ Waiver of immunities
▪ Termination of Diplomatic Mission
• WHO v. Aquino, G.R. No. L-35131, 29 November
1972, En Banc
• Liang v. People, G.R. No. 125865, 26 March 2001
• Minucher v. Court of Appeals, G.R. No. 142396, 11
February 2003
o The nationality of children of diplomats
o Persons entitled to privileges and immunities
o Waiver of diplomatic privileges and immunities
➢ Privileges and Immunities of International Offices
o Convention on the Privileges and Immunities of the Specialized
Agencies
o ICMC v. Calleja, G.R. No. 85750, 28 September 1990
o SEAFDEC v. Acosta, G.R. Nos. 97468-70, 2 September 1993
o Callado v. IRRI, G.R. No. 106483, 22 May 1995
o Lasco v. UNRFNRE, G.R. Nos. 109095-109107, 23 February
1995
o DFA v. NLRC, G.R. No. 113191, 18 September 1996
➢ Consular Immunity
o Kinds of consuls
o Appointment
o Functions
o Immunities and privileges
o Termination of consular mission
c) Jurisdictional Assistance: Extradition
➢ Purpose of Extradition
➢ Principles of extradition
o Principle of Reciprocity
o Principle of Double Criminality
o Principle of Double Jeopardy
o Principle of Speciality
➢ Attentat clause
➢ P.D. No. 1069 Philippine Law on Extradition
➢ Office of the Chief State Counsel of the Department of Justice
ocsc@doj.gov.ph
➢ Countries which have extradition treaty with the Philippines:
o Australia
o Canada

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 o China
o Hong Kong Special Administrative Region
o India
o Indonesia
o Korea
o Micronesia
o Russia
o Spain
o Switzerland
o Thailand
o United Kingdom
o United States of America
▪ SOJ v. Lantion, G.R. No. 139465, 18 January 2000, En
Banc
▪ Government of the United States of America v. Purganan,
G.R. No. 148571, 24 September 2002, En Banc
▪ Government of Hong Kong Special Administrative Region
v. Olalia, Jr., G.R. No. 153675, 19 April 2007, En Banc
▪ Government of Hong Kong Special Administrative Region
v. Munoz, G.R. No. 207342, 16 August 2016
d) Asylum
➢ Right of a State to grant Asylum
➢ Article 14, Universal Declaration of Human Rights
➢ Article 33 (1) 1951 Convention relating to the Status of Refugees and
its 1967 Protocol
➢ Principle of non-refoulement
➢ Extradition v. Asylum
➢ Asylum seeker v. Refugee
➢ Territorial Asylum v. Diplomatic Asylum

VI. STATE RESPONSIBILITY AND LAW OF TREATIES

Guide Questions:
✓ How do treaties become such?
✓ When are treaties put into effect?
✓ Which entities do treaties bind?
✓ What happens if a treaty obligation is violated?
✓ When is a treaty obligation deemed violated?
✓ Are treaties self-executing?
✓ What is State Responsibility?
✓ When is there a breach of an international obligation?
✓ What is the basis of such Responsibility?

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 ✓ How will the State be held accountable?
✓ Which forum has jurisdiction over such responsibility?

a) The Law of Treaties; 1969 Vienna Convention on the Law of Treaties

➢ Definition
➢ Essentials of Validity
➢ Treaty-making capacity of States
➢ The process of treaty-making
o Ratification
o Accession
o Reservations
o Registration and publication
o Entry into Force
➢ Are treaties self-executing?
➢ Most-Favored-Nation clause
➢ Pacta Sunt Servanda
➢ Doctrine of Rebus Sic Stantibus
➢ Effect of territorial changes
➢ Interpretation of Treaties
➢ Termination of treaties

b) State Responsibility; Responsibility of States for Internationally Wrongful

Acts (2001)
➢ State Responsibility for Inquiry to Aliens
o The position of aliens after reception
➢ Acts or omissions imputable to the State
o Acts of Government Officials
o Acts of private individuals
➢ Denial of justice
➢ The minimum international standard
➢ Expropriation of foreign-owned property
➢ Conditions for enforcement of claim
➢ Nationality of claim
➢ Exhaustion of local remedies

VII. PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES and

FORCIBLE MEASURES SHORT OF WAR

VIII. DOMAINS OF INTERNATIONAL LAW

a) International Criminal Law

b) International Humanitarian Law

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c) International Environmental Law
d) International Human Rights Law

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