Legal Basis of

International
Relations
Jayron C. Bartolome
Instructor
General
Principles of
International Law International
Human Rights Law

States,
Nationality, and
Statelessness

Principles on
International
Environmental Law
Law of the Sea
 General Principles of International Law

• International law regulates relations of states and

international persons. It is derived from treaties,
international customs, and general principles of law. If
conflict arises, the same is resolved through state to
state transactions.

• National law regulates relations of individuals among

themselves or within the state. It consists of orders, and
judicial pronouncements. statutory enactments, executive If
there is conflict, the same is redressed through local,
administrative, and judicial processes.
How does international law become a part of
the law of the state?

Doctrine of Incorporation
The doctrine of incorporation is mainly based under Section 2, Art. II of
the 1987 Constitution which states that:
• "the Philippines adopts the generally accepted principles of
International Law as part of the law of the land."
• Thus, the generally accepted principles of international law are
considered as part of a state's national laws by reason of its
membership in the family of nations.
 How does international law become a part of
the law of the state?
Doctrine of Transformation
• The doctrine of transformation requires the enactment by the
legislative body of such international law principles as are sought to
be part of municipal law (Coquia & Defensor-Santiago, 2005).
• This doctrine must be related to the power of the President to enter
into treaties wherein rule and principles embodied in said treaties
would be transformed into Philippine law and would become valid
and effective upon the concurrence of two-thirds (2/3) of all the
members of the Senate (Sec. 21, Art. VII, 1987 Constitution)
International Conventions
• International conventions are international agreements concluded
Between States, in written form, and governed by International Law,
embodied either in a single instrument or in two or more related
instruments and whatever its particular designation (Art. 2 (1) (a),
Vienna Convention on Law of Treaties).
• Examples of bilateral treaties entered into by the Philippines are the Mutual
Defense Treaty with USA, signed on 30 August 1959; Visiting Forces Agreement
with USA, signed on 10 February 1998; and RP-US Extradition Treaty with USA,
signed on 13 November 1995,
• At times, the Philippines also enter into multilateral treaties or
conventions with two or more states.
• An example of which is the 1982 United Nations Convention on the Law of the
Sea (UNCLOS). Other examples are the International Convention on Civil and
Political Rights, Rome Statute of the International Criminal Court, and
Convention on the Prevention and Punishment of the Crime of Genocide.
International Customs

• International customs, also known as customary law, consists of rules

of law derived from the consistent conduct of states, acting out of
the belief that the law required them to act that way (Aust, 2010).
However, for a custom to be deemed as an international custom,
these two elements must exist: state practice and opinio juris sive
necessitates ("opinion of law or necessity").
• State practice states that there must be evidence of substantial
uniformity of practice by a substantial number of states (Aust,
2010). In a leading case rendered by the International Court of
Justice, the case of North Sea Continental Shelf Cases (Germany
v. Denmark, ICJ, 1969), what is required is that:
• "x xxw within the period in question, short though it might be,
State practice, including that of States whose interests are
specifically affected, should have been both extensive and
virtually uniform.“
• Proof of state practice are as follows: administrative acts,
legislation, court decisions, historical records, and international
stage activities.
• Opinio juris sive necessitates states the belief that the given practice
is rendered obligatory by the existence of a rule requiring it.
Consequently, the states concerned must feel that they are
conforming to what amounts to a legal obligation (North Sea
Continental Shelf Cases) (Germany v. Denmark, ICJ, 1969).
• Kinds of international customs are: regional custom and special or
local custom.
• Regional custom is a practice among states within a particular area
of the world which can be sufficiently well-established and
accepted as law that is binding among the states of that region but
not elsewhere (Epps & Graham, 2011).
• A special custom, on the other hand, is a long-continued practice
between two states, accepted by them as regulating their relations
that form the basis of mutual rights and obligations (Right of Passage
Case (Portugal v. India), ICJ, 1960),
Treaties
• A treaty is an international agreement conducted between states,
in written form and governed by international law, whether
embodied in a single instrument or in two or more related
instruments, whatever its particular designation (Art. 2 (1) (a), Vienna
Convention on Law of Treaties).
• Steps in treaty making involves
• (1) negotiation;
• (2) signing of the treaty by the representatives;
• (3) exchange of ratification instruments;
• (4) ratification of the treaty by the constitutional organs of the respective
states; and
• (5) registration with and publication by the Secretariat of the United Nations
(UN).
Treaties
• A state is obliged to refrain from acts which would defeat the
object and purpose of a treaty when it has signed the treaty or
has exchanged instruments constituting the treaty subject to
ratification, acceptance of approval, until it shall have made its
intention clear not to become a party to the treaty; or it has
expressed its consent to be bound by the treaty, pending the
entry into force of the treaty and provided that such entry into
force is not unduly delayed (Art. 18, Vienna Convention on
Law of Treaties).
• In connection thereto, the power of the President to ratify a
treaty is well-entrenched in the 1987 Constitution. However, no
treaty or international agreement shall be valid and effective
unless concurred in by at least 2/3 of all the members of the
Senate (Sec. 21, Art. VII, 1987 Constitution).
Basic Principles Concerning Treaties

• Pacta tertiis nec nocent nec prosunt - "A treaty binds the parties and only
the parties"

• Pacta sunt servanda - "Agreements must be kept" - Every treaty in force is

binding upon the parties to it and must be performed by them in good
faith (Art. 26, Vienna Convention on Law of Treaties).

• Rebuc sic stantibus - "Things standing thus" - A significant change in

circumstances unforeseen by treaty parties, altering the essential basis of
their consent to be bound, can justify termination or withdrawal if it
radically transforms the remaining treaty obligations (Par. 1, Art. 62, Vienna
Convention on Law of Treaties).
Study this case for a recitation
• The case of The Province of North Cotabato et.al. vs. the
Government of the Republic of the Philippines Peace Panel on
Ancestral Domain, G.R. No. 183591, October 14, 2008.
Executive Agreement
• An executive agreement is an agreement concluded by the
President based on authority granted by Congress or based on the
inherent authority granted to him/her by the Constitution.
• This is distinguished from a treaty as the latter pertains to a covenant
concluded by the President with the advice and consent of the Senate. No
treaty or international agreement shall be valid and effective unless concurred
in by at least two-thirds of all the members of the Senate (Sec. 21, Article VII,
1987 Constitution).
• Both treaties and executive agreements have binding effect upon
states as long as the negotiating functionaries have remained within
their powers (USAFFE Veterans Association Inc. v. Treasurer of the
Philippines, G.R. No. L-10500, June 30, 1959).
Concordat

• A concordat is a treaty or agreement between the Pope

and a state or government that deals with religious matters
as well as the recognition and privileges of the Holy See in
other states (Sarmiento, 2014
 States, Nationality, and
Statelessness

States
• The elements of a state are as follows: permanent population,
defined territory, government, and capacity to enter into relations
with other states (Article 1, Montevideo Convention).
• The population being pertained to does not have to be
homogeneous racially, ethically, tribally, religiously, linguistically, or
otherwise. It must be a settled population, though the presence of
certain inhabitants who are traditionally nomadic does not matter
(Aust, 2010).
• As to the territory, the size would not matter nor its boundaries be
defined definitively.
• Anent the government, a central one operating as a political body
within the law of the land and in effective control of the territory is
required.
• Lastly, the government must be sovereign and independent so that
within its territory, it is not subject to the authority of another state. In
this regard, the state will have full capacity to enter into relations
with other states.
• States are created through the following:
• Discovery and occupation occurs when a territory belonging
to any state is placed under the sovereignty of the claiming
state.
• Prescription is when a territory is acquired through continuous
and uninterrupted possession over a long period of time.
• Cession involves the peaceful transfer of territory from one
sovereign to another, with the intention that sovereignty should
pass. (Shaw, 2008).
• Accretion is the increase in the land area of the state, either
through natural means, or artificially through human labor.
• In conquest, the act of defeating an opponent and occupying
all or parts of territory does not of itself constitute a basis of title
to the land. It gives the victor certain rights under international
law as regards the territory, the rights of belligerent
occupation, but the territory remains subject to the legal title
of the ousted sovereign (Shaw, 2008).
State Recognition
• State recognition is an act by which a state acknowledges the
existence of another state, government, or belligerent community
and indicates its willingness to deal with the entity as such under the
rules of international law (Nachura, 2016).

• State recognition is a political act and mainly a matter of policy on

the part of each state. It is discretionary on the part of the
recognizing authority. It is exercised by the political department of
the state (Sarmiento, 2009).
Landmark Doctrines in State Recognition

• Wilson/Tobar Doctrine: This doctrine precludes the recognition of

governments established by revolution, civil war, coup d'etat, or other
forms of internal violence until the freely elected representatives of the
people have organized a constitutional government (Sarmiento, 2009).

• Betancourt Doctrine: This doctrine pertains to denial of diplomatic

recognition to any regime, right or left, which came to power by military
force (Sarmiento, 2009).

• Lauterpacht Doctrine - This doctrine precludes the recognition of an entity

which is not legally a State as it constitutes an abuse of the power of
recognition. It acknowledges a community which is not, in law,
independent and which does not therefore fulfill the essential conditions of
statehood as an independent state (Sarmiento, 2009).

• Stimson Doctrine - This doctrine precludes the recognition of any

government established as a result of external aggression (Nachura, 2016).
Rights of States
• The right to independence means freedom from control by other
state or group of states and not freedom from the restrictions that
are binding on all states forming the family of nations and carries
with it by necessary implication the correlative duty of non-
intervention (Nachura, 2016).

• Intervention is an act by which a state interferes with domestic or

foreign affairs of another state through the employment of force or
threat of force which may be physical, political, or economic
(Nachura, 2016). 12 are to
Rights of States
• The right to equality is underpinned in the doctrine of equality of
states which provides that all states are equal in international law
despite of their obvious factual inequalities as to size, population,
wealth, strength, and degree of civilization.
• In effect, when a question arises which has to be settled by consent, every
state has a right to one vote only. The vote of the weakest state has as much
weight as the vote of the most powerful. The courts of one state do not as a
rule question the validity of the official acts of another state insofar as those
acts purport to take effect within the latter's jurisdiction (Sarmiento, 2009).1080
Rights of States
• The right to existence and self-defense provides that a state may
take measures including the use of force as may be necessary to
counteract any danger to its existence (Article 51, UN Charter).

• Aggression pertains to the use of armed force by a state against the

sovereignty, territorial integrity, or political independence of another
state, or in any other manner inconsistent with the Charter of the
United Nations (Article 1, UN General Assembly Resolution No. 3314).
Rights of States
• For a proper exercise of self-defense, the following must exist:
• (1) an armed attack occurred against a member of the UN;
• (2) it must be confined to cases in which the necessity of self-defense is
instant, overwhelming and leaving no choice of means and no moment
for deliberation;
• (3) measures taken must be limited by that necessity and kept clearly
within it; and
• (4) must give way to measures that may be taken by the UN Security
Council to maintain international peace and security (Article 51, UN
Charter).
Rights of States
• Collective self-defense pertains to the rights of states to come to the
defense of another state whose situation meets the condition of
legitimate individual self-defense (Article 51, UN Charter).

• Anticipatory self-defense is when the use of force in anticipation of

an attack is deemed legal if made in good faith, depending on the
circumstances of imminent danger.
Rights of States
• The right to territorial integrity and jurisdiction encompasses the right
of the state to its terrestrial, maritime and fluvial, aerial and space
covered by its territory.

• The right to legation pertains to the right of the state to send and
receive diplomatic missions, which enable states to carry on friendly
intercourse.
For Recitation:
• Research on countries on which the doctrines of state recognition
were practiced.
• For every doctrine, identify the country which portrayed the
same. Give a brief discussion on how each country was
recognized through the doctrine.
State Recognition Countries Reasons
Doctrine
Nationality
• Nationality is a legal bond having as its basis a social fact of
attachment, a genuine connection of existence, interests, and
sentiments, together with the existence of reciprocal rights and
duties (Nottebohm Case Liechtenstein v. Guatemala, 1955 ICJ 4).

• It is for each state to determine under its own rules who are its
nationals. This law shall be recognized by other states insofar as it is
consistent with international conventions, international customs, and
the principles of law generally recognized with regard to nationality.
Nationality
• Under the UN Declaration of Human Rights, everyone has a
right to a nationality and that no one is to be arbitrarily
deprived of their nationality or denied the right to change their
nationality.
• Multiple nationalities may exist when an individual possesses
more than one nationality and was acquired as the result of
concurrent application to him or her the conflicting national
laws of two or more states claiming him as their national.
• In the Philippines, nationality can be acquired through birth,
naturalization, repatriation, subjugation, and cession. It can be
lost through release, deprivation, renunciation, and substitution
Statelessness
• Statelessness pertains to the status of having no nationality as a
consequence of being born without any nationality or as a result of
deprivation or loss of nationality (Nachura, 2016).

• Statelessness adversely affects a person's right to exercise rights and

privileges usually enjoyed by citizens of a state, such as
employment, right to work, right to property, right to education,
among others.

• Also, any wrong or injury suffered by a stateless person through the

act or omission of a state would be damnum absque injuria ("loss or
damage without injury") for in theory, no state has been offended
and no international delict committed.
Statelessness
• International conventions provide that stateless individuals are to be
treated more or less like the subjects of a foreign state. The
Philippines has neither signed nor ratified the 1961 Convention on
the Recognition of Statelessness.
• It is provided in this Convention that a contracting state shall grant
its nationality to a person born in its territory who would otherwise be
stateless (Article 41, Convention on the Recognition of Statelessness)
and a contracting state shall grant its nationality to a person, not
born in the territory of a contracting state, who would otherwise be
stateless, if the nationality of one of his parents at the time of the
person's birth was that of that State (Article 4, Convention on the
Recognition of Statelessness)
Refugees
• A refugee is a person who, owing to a 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 and is unable or, owing to such fear, is unwilling to
avail himself of the protection of that country.

• It includes stateless persons who are outside the country of his

habitual residence and is unable or, owing to such fear is unwilling,
to return to it (Par. A (2), Article 1, Convention Relating to the Status
of Refugees).

• The Convention relating to the Status of Refugees provides that

states have an obligation to treat a person as a refugee, without
any discretion, and afford the rights due to them.
Refugees
• The principle of non-refoulement is a principle wherein in addition to
not returning the refugee to his/her own state, he/she must not be
sent to a third state if his/her life or freedom would there be
threatened on account of his/her race, religion, nationality,
membership of a particular social group or social opinion (Par. 1,
Article 33, Convention Relating to the Status of Refugees).
• Exceptions to this principle is when there are reasonable grounds for regarding
the refugee as a danger to the security of the state; or having been
convicted of a particularly serious crime, constitutes a danger to the
community of the state (Par. 2, Article 33, Convention Relating to the Status of
Refugees).
• Salient rights of refugees are as follows: non-discrimination, wage-earning
employment, free access to courts, duty of non-refoulement of states, self-
employment, housing, freedom of religion, among others.
Law of the Sea

• The law of the sea is a body of international rules

that binds states and other subjects of
international law in their maritime affairs. Its
functions are the spatial distribution of national
jurisdiction and to ensure cooperation between
states (Tanaka, 2012).
Law of the Sea
• The law of the sea have been governed by the following
principles: principle of freedom, principle of sovereignty,
and principle of the common heritage of mankind. The
principle of freedom aims to ensure the freedom of the
various uses of the oceans.
• The principle of sovereignty seeks to safeguard the
interests of coastal states. The principle of the common
heritage of mankind seeks to promote the common
interest of all people in present and future generations.
Law of the Sea
This law of the sea has been codified into four:
• the Hague Conference for the Codification of
International Law (1930);
• the First United Nations Conference on the Law of the Sea,
1958 (UNCLOS I);
• the Second United Nations Conference on the Law of the
Sea, 1960 (UNCLOS II); and
• the Third United Nations Conference on the Law of the
Sea, 1973-1982 (UNCLOS III).
Baselines
• A baseline serves as
the starting point for
measuring the outer
limits of a coastal
state's maritime
jurisdiction and
distinguishes internal
waters from the
territorial sea
(Tanaka, 2012).
• Baselines in maritime law include normal, straight, closing lines across
river mouths and bays, and archipelagic baselines.
• The normal baseline is defined as the low-water line along the
coast, as indicated on officially recognized large-scale charts
(Article 5, UNCLOS III).
• When drawing straight baselines, adherence to the general
direction of the coast is crucial, with consideration given to certain
sea areas closely linked to the land domain and specific economic
interests (Article 7, UNCLOS III).
• In cases where a river flows directly into the sea, the baseline is
established as a straight line across the river mouth between points
on the low-water line of its banks.
• Additionally, customary law permits coastal states to delineate a
closing line across bay entrances, transforming landward waters into
internal waters (Tanaka, 2012).
 Archipelagic Baselines
• Under UNCLOS III, an
archipelagic state consists of
one or more archipelagos and
possibly other islands (Par. (a),
Art. 46). An archipelago is a
closely interconnected group of
islands, waters, and natural
features forming an inherent
geographical, economic, and
political entity, or historically
recognized as such (Par. (b), Art.
46).
• Under the UNCLOS III, the archipelagic state, such as the
Philippines, has the following obligations:
• (1) Respect the traditional fishing rights of third states;
• (2) Respect existing marine cables;
• (3) If a part of the archipelagic waters lies between two
parts of an immediately adjacent neighboring state,
existing rights and all other legitimate interests which the
neighboring state has traditionally exercised in such
waters and all rights stipulated by agreement between
the archipelagic state and the neighboring state shall
continue to be respected; and
• (4) Provide the right of innocent passage and that of
archipelagic sea lanes passage.
• Archipelagic sea lanes passage pertains to the exercise in
accordance with UNCLOS III of the rights of navigation
and overflight in the normal mode solely for the purpose of
continuous, expeditious, and unobstructed transit
between one part of the high seas or an exclusive
economic zone and another part of the high seas or an
exclusive economic zone (Par. 3, Article 53, UNCLOS III).
Territorial Sea
• A marine space under the territorial sovereignty of the coastal state
up to a limit not exceeding twelve (12) nautical miles measured
from the baselines.
• It comprises the seabed and its subsoil, the adjacent waters, and
the airspace (Tanaka, 2012).
• Under Articles 20-25 of the UNCLOS III, a state has the following
obligations pertaining to its territorial sea:
• 1. Protection of navigational aids, cables, and pipelines
• 2. Conservation of marine living resources
• 3. Overall environmental protection and scientific research
• 4. Prevention of the infringement of customs, fiscal, immigration, and sanitary
laws
• 5. Ensuring the safety of navigation
• 6. Taking necessary steps to prevent passage which is not innocent
Territorial Sea
• The right of innocent passage is the right of foreign
merchant ships to pass unhindered through the sea of a
coast (Shaw, 2008). Under Articles 17-20 of the UNCLOS III,
ships of all states, coastal or land-locked, including foreign
warships, are entitled to the right of innocent passage
through the territorial waters of a coastal state.
• Submarines are likewise entitled, but while traversing the
territorial sea, they are required to navigate on the surface
and to show their flag.
 Exclusive Economic Zone (EEZ)

The EEZ is an area beyond and

adjacent to the territorial sea, not
extending beyond 200 nautical miles
from the baseline of the territorial sea
(Articles 55 & 57, UNCLOS III).
Exclusive Economic Zone (EEZ)
• Under Par.1, Article 56, UNCLOS III, the coastal state has sovereign
rights for the purpose of exploring, conserving, and managing the
natural resources, whether living or nonliving, of the waters
superjacent to the seabed and of the seabed and its subsoil, and
with regard to other activities for the economic exploitation and
exploration of the zone. Also, the coastal state has jurisdiction with
regard to the establishment and use of artificial islands, installations,
and structures; marine scientific research; and the protection and
preservation of the marine environment.

• The sovereign rights in the EEZ are essentially exclusive in the sense
that no one may undertake these activities or make a claim to the
EEZ without the express consent of the coastal state (Tanaka, 2012)
Continental Shelf
• The continental shelf of a coastal state encompasses the seabed
and subsoil extending beyond its territorial sea to the outer edge of
the continental margin or up to 200 nautical miles from the baselines
if the continental margin doesn't reach that distance (Art. 76,
UNCLOS III).
• Article 77 of UNCLOS III grants the coastal state sovereign rights over
the continental shelf for exploration and exploitation of its natural
resources, including mineral and nonliving resources of the seabed,
subsoil, and sedentary species (UNCLOS III).
 High Seas
• The high seas are all parts of the sea that
are not within an EEZ, the territorial sea,
internal waters or archipelagic waters
(Article 86, UNCLOS III). Under Article 89 of
UNCLOS III, no state may subject any part of
the high seas to its sovereignty. Under Article
87 of the same law, all states, including
land-locked states, enjoy the freedoms of
the high seas. They are not absolute but
must be exercised with due regard for the
interests of other states in their exercise of
the same freedoms
Freedoms of the High Seas
• The freedoms of the high seas include navigation, overflight (civilian
and military aircraft), lay submarine cables and pipelines, conduct
of scientific research, construction of artificial islands, and other
installations allowed by international law and fishing (UNCLOS III).
• States have the duties relative to the high seas such as duty to
render assistance, prohibition of the transport of slaves, duty to
cooperate in the repression of piracy, duty to cooperate in the
suppression of illicit traffic in narcotic drugs or psychotropic
substances, and duty to cooperate in the suppression of
unauthorized broadcasting from the high seas (Sarmiento, 2009).
International Tribunal for the
Law of the Sea (ITLOS)
• The UNCLOS created ITLOS, which consists of 21 judges
elected by the member states with a system in place to
ensure geographic balance. The jurisdiction of the tribunal
comprises of all disputes and applications submitted to it
in accordance with the UNCLOS and all matters
specifically provided for in any other agreement which
confers jurisdiction on the tribunal
 International Human
Rights Law

The Universal Declaration of Human Rights

• Human rights law transcends state boundaries by seeking
to define and uphold those rights held universally by every
person regardless of nationality. The Universal Declaration
of Human Rights (UDHR) was adopted by the United
Nations General Assembly on December 10, 1984 at Palais
de Challiot, Paris. It is not a legally binding treaty but a
mere declaration or statement of generally accepted
principles of human rights (Humphrey, 1979).
• The UDHR states that all human beings are born free and
equal in dignity and rights. They are endowed with reason
and conscience and should act toward one another in a
spirit of brotherhood (Article 1, UDHR).
• Under Article 2, UDHR, everyone is entitled to all the rights
and freedoms set forth in the Declaration, without
distinction of any kind, such as race, color, sex, language,
religion, political or other opinion, national or social origin,
property, birth, or other status.
• Articles 1-21 of the UDHR enumerate civil and political
rights, including the rights to life, liberty, and security;
freedom from slavery, torture, and arbitrary arrest; fair
trials; privacy; freedom of movement; asylum seeking;
nationality; marriage; property ownership; freedom of
thought, conscience, religion, opinion, and expression;
peaceful assembly and association; participation in
government; and equal access to public services.
• Articles 22-28 of the UDHR outline economic, social, and
cultural rights, including provisions for social security, fair
employment conditions, rest, adequate standard of living,
education, and participation in cultural and scientific
advancements.
International Convention on Civil and
Political Rights

• The International Convention on Civil and Political Rights

(ICCPR) is a UN treaty adopted on December 16, 1966, and
entered into force on March 23, 1976. The Philippines ratified it
on October 23, 1986 (United Nations Treaty Collection).
• Article 1 of the ICCPR guarantees the right to self-
determination, allowing people to freely determine their
political status and pursue economic, social, and cultural
development, including control over natural resources. The
ICCPR also safeguards non-derogable rights, including the
right to life, prohibition of genocide, freedom from torture and
slavery, protection from imprisonment or debt, prohibition of
retroactive penal laws, recognition before the law, and
freedom of thought, conscience, and religion.
International Convention on Economic, Social
and Cultural Rights (ICESCR)

• The ICESCR is a multilateral treaty adopted by the United

Nations General Assembly on December 16, 1966. It
entered into force on January 3, 1976. As of 2015, it has 71
signatories and 164 parties (United Nations Treaty
Collection).
Convention on Elimination of Discrimination
Against Women (CEDAW)

• Article 1 of CEDAW states that discrimination against women

refers to any distinction, exclusion, or restriction made on the
basis of sex which has the effect or purpose of impairing or
nullifying the recognition, enjoyment, or exercise of women,
irrespective of their marital status, on a basis of equality of men
and women, of human rights and fundamental freedoms in
the political, economic, social, cultural, civil, or any other field.
• Articles 1 and 2 of CEDAW further states that any act of
gender-based violence that results in, or is likely to result in,
physical, sexual, or psychological harm or suffering to women,
including threats of such acts, coercion, or arbitrary
deprivation of liberty, whether occurring in public or private
life.
Migrant Workers Convention

• The Migrant Workers Convention defines a migrant worker

as someone engaged in remunerated activity in a state
where they are not a national (Article 2). Part III of the
convention outlines rights for migrants and their families,
including freedom of movement, protection from torture
and slavery, freedom of thought and expression,
protection against arbitrary interference, property rights,
and equality before courts.
United Nations Convention on the Rights of the
Child

• The United Nations Convention on the Rights of the Child

(UNCRC) states that anyone under 18 is considered a
child, unless majority is attained earlier under applicable
law (Article 1).
• Some rights of the child under the UNCRC include the right
to birth registration and nationality, care by parents,
freedom of expression, thought, conscience, religion,
association, and assembly, protection from violence,
abuse, neglect, and exploitation, access to health care,
education, social security, adequate standard of living,
cultural and religious freedom, rest and leisure, and
protection from economic and sexual exploitation.
 Principles on International
Environmental Law

• The branch of public international law comprising of those

substantive, procedural, and institutional rules which have
as their primary objective the protection of the
environment. The term "environment" is understood as
encompassing both the creatures and products of the
natural world and those of human civilization (Sands &
Philippe, 2003).
Principle of Good Neighborliness
• States have, in accordance with the Charter of the United
Nations and the principles of international law, the
sovereign right to exploit their own resources pursuant to
their own environmental policies and the responsibility to
ensure that activities within their jurisdiction or control do
not cause damage to the environment of other states or
of areas beyond the limits of national jurisdiction (1972
Stockholm Declaration on the Human Environment,
Principle 21).
Precautionary
Approach/Principle
• When there is a lack of full scientific certainty in
establishing a causal link between human activity and
environmental effect, the court shall apply the
precautionary principle in resolving the case before it
(1992 Rio Declaration on Environment and Development,
Principle 15).
For Recitation:
• Read the Supreme Court-decided case titled: International
Service for the Acquisition of Agri-Biotech Applications, Inc. vs
Greenpeace Southeast Asia (Philippines), G.R. Nos. 209271 July
26, 2016.
Polluter Pays Principle
• National authorities should endeavor to promote the
internalization of environmental costs and the use of economic
instruments, taking into account the approach that the
polluter should, in principle, bear the cost of pollution with due
regard to the public interest and without distorting
international trade and investment (1992 Rio Declaration on
Environment and Development, Principle 16).
Principle of Sustainable Development
• It is development that meets the needs of the present without
compromising the ability of the future generations to meet
their own needs (Our Common Future, UN Document
A/42/427).
• Environment Impact Assessment Principle
• Environmental impact assessment, as a national instrument,
shall be undertaken for proposed activities that are likely to
have significant adverse impact on the environment and are
subject to a decision of a competent national authority (1992
Rio Declaration on Environment and Development, Principle
17).
• Principle of Intergenerational Equity
• Man bears a solemn responsibility to protect and improve the
environment for present and future generations (1972
Stockholm Declaration on the Human Environment, Principle
1).
For Recitation:
• Read the Supreme Court-decided cases titled:
• Oposa vs. Factoran, G.R. No. 101083, July 30, 1993.
• MMDA vs Concerned Citizens of Manila Bay. G.R. Nos. 171947-
48, December 18, 2008
• Principle of Common but Differentiated
Responsibility
• Because developed states have contributed
disproportionately to global environmental degradation, and
because they command greater financial and technological
resources, those states have a special responsibility in
shouldering the burden of pursuing global sustainable
development (Sarmiento, 2009).
• Principle of Non-discrimination
• Each state should ensure that its regime of environmental
protection, when addressing pollution origination within the
state, does not discriminate between pollution affecting the
state and pollution affecting other states (Sarmiento, 2009
For Recitation:
• Read 2015 Paris Convention
Standard of Conduct:
• Under the strict liability theory, states are obligated to prevent
pollution and are held accountable for its effects regardless of fault
(Shaw, 2008).
• Test of Due Diligence:
• The test of due diligence is widely accepted as the most suitable
standard. It offers flexibility and incorporates elements of
foreseeability and remoteness into state liability. Damage must be
directly caused by the pollution in question (Shaw, 2008).
• Long-Range Trans-boundary Air Pollution:
• Long-range transboundary air pollution originates in one state's
jurisdiction but affects another state's jurisdiction, making it difficult
to attribute to specific emission sources (1979 Convention on Long-
Range Transboundary Air Pollution, Article 1b).
• Bases of Liability:
• Liability for transboundary pollution under international law
rests on: (1) Strict liability for harm from ultra-hazardous
activities; (2) Responsibility for negligent or intentional acts;
and (3) the principle of good neighborliness (Sarmiento,
2009).
For Recitation:
• Read the case titled:
• Arigo vs. Swift, G.R. No. 206510, September 16, 2014
End of the Presentation