The Contemporary World

Globalization Economic
 McGrew, 1990 Globalization
o It is described as something that is o Economic globalization refers to the
comprised of multiple sameness and increasing interdependence of
interconnectedness that go beyond national, regional, and local
the nation-states. economies worldwide through the
o It is a process in which individuals free movement of goods, services,
and organizations in one part of the capital, technology, and information.
world are affected by the activities, o This interconnectedness is driven by
affairs, and convictions of another various factors, including
part of the globe. technological advancements, trade
 Cerny, 1997 liberalization, and the rise of
multinational corporations.
o It is a cluster of economic and
political frameworks and procedures Historical Context
deriving from the changing marks of
the interests and assets that  Pre-colonial Era
comprise the foundation of the
o Filipinos traded with Chinese and
international economy – specifically
Arab merchants, exchanging gold
the expanding structural differences
and spices for porcelain, silk, and
of those interests and assets.
perfumes. The Filipino Indigenous
 Freeden, 2003 people were already in contact with
Chinese and Arabs, even before
o It denotes a range of processes colonial by exchanging goods and
nesting under one rather unwieldy services.
epithet. Its conceptual difficulty to
handle or control arises from the fact  The Galleon Trade
that global flows occur in different
o The galleon trade is one of the
physical and mental dimensions.
earliest examples of global trade in
 Steger, 2005 and 2014a the Philippines or in the Pacific. It is
used to transport resources (gold
o It should be limited to a set of and silver) from the west to Manila in
intricate social processes that exchange for fine porcelain, spices,
modify prevailing social statuses and other luxury goods from the far
based on the modern regime of east.
self-dependent nation-states.
 American Colonial Era
Attributes of Globalization o The Philippines became a major
trading partner with the United
 Globalization has various forms of States for the first time, with the
connectivity such that it can be latter providing access to global
economic, political, or cultural. markets and investment
 Globalization allows for the opportunities.
expansion and stretching of social
relations. Key Players/Actors in
 Globalization intensifies and Globalization
accelerates social exchange and
activities. Intergovernmental Organizations
 Refers to an entity created by treaty,
involving two or more nations, to
 work in good faith, on issues of
common interest.
 In the absence of a treaty an IGO CHINA
does not exist in the legal sense.
 Rapid economic growth has made it
 Worl Trade Organization a key player in global trade and
manufacturing.
- WTO made countries cut down trade
barriers and open their current EUROPE
accounts and capital accounts.
 A significant economic bloc that
 World Bank promotes trade and economic
cooperation among European
- Offers financial and technical
countries.
assistance for development projects
in development in developing
countries.
INDIA
 Emerging market with a growing
Supranational Organizations
influence in global IT services and
 A multinational union or association manufacturing.
in which member countries cede
authority and sovereignty on at least Multinational vs.
some internal matters to the group,
whose decisions are binding on its Transnational
members.
 Multinational
 In short, member states share in
o Corporations that operate in many
decision-making on matters that will
companies and who do have a
affect each country’s citizen.
centralized management system.
 International Financial
 Transnational
Institution
o Corporations that operate in many
- The owners or shareholders are
companies and who do not have a
generally national governments.
centralized management system.
 Internation Monetary Fund o In other words, they don’t have a
- Provides financial support and advice central headquarters in one country
to member countries facing which makes all the decisions
economic difficulties. globally.

International Non-Governmental Countries with Economic

Organizations
Challenges
 Rapidly mobilize and manage
resources, and provide multi-sectoral Greece
assistance, including educational
services, to communities in crisis.  The country is constantly struggling
with economic challenges brought
USA about by poor macroeconomic
management, excessive government
 Major economic power with spending, current account deficits,
significant influence on global tax avoidance, and tax evasion.
financial markets and international
policies. France
 The country’s lagging
competitiveness and slow growth
impacted France’s ability to
 effectively manages its debt-to-GPD  Technological Disruption
ration. Its exports have started to
 Trade Wars
lose their competitiveness, which has
resulted in an imbalance between
imports and exports.

Bahamas Impact of Technology

 The country faces economic
 Automation (AI)
challenges such as consistently high
fiscal deficits and unemployment o Driven by robotics and AI,
rates, hindering economic progress streamlines operations, but it can
and development. lead to job displacement, increasing
unemployment and income
Finland inequality in labor-intensive sectors
 The country’s economy contracted in like manufacturing.
the third quarter of 2023 by 0.7%
 The Sharing Economy
from the previous quarter. The
growth in the supply of labor input is o The sharing economy, facilitated by
slow, and the high structural technologies like Uber and Airbnb,
unemployment rate reduces the offers new revenue streams and
importance of labor as a source of challenges traditional industries, but
potential output. lacks government oversight can lead
to abuses.
Economic Indicators
 Financial Technology
1. Unemployment Rates
o FinTech may spur efficiency gains in
 Indicator of labor, market health and the financial sector, offer better and
economic activity. more targeted products and services,
and deepen financial inclusion in the
2. Trade Balances developing world. However, it may
 The difference between a country’s also pose risks, if its application
exports and imports indicating undermines competition, trust,
economic health and monetary policy transmission, and
competitiveness. financial stability.

3. Inflation Rates Pros and Cons

 Measures the rate at which the Pros:
general level of prices for goods and
services is rising.  Boosts global economic growth.
 Consumers get access to diverse
Gross Domestic Products products and services.
(GDP)
 Local businesses get access to
o GDP is usually considered the most international consumers.
important, the total monetary value
of all the finished goods and services
Cons:
produced within a country’s borders  Widens wealth inequality.
in a specific time period.
 Causes cultural homogenization.
Economic Challenges
 Income Inequality
 Environmental Sustainability
 Can harm domestic industries. countries that exploit peripheral
countries for labor and raw
 Supporting Fair Trade Products
materials.
 Consuming Responsibly
 Semi-periphery
 Investing Ethically
- Are the middle-income countries,
 Advocating for Change such as India and Brazil. These are
considered semi-periphery due to
Global Interstate their closer ties to the global
economic core.
System - Semi-peripheral countries share
characteristics of both core and
 It is the whole system of human peripheral countries.
interactions. The modern world
system is structured politically as an  Periphery
interstate system, a system of
competing and allying states. - Called as the low-income countries,
Political scientists commonly call this whose natural resources or labor
the international system, and this is support the wealthier countries, first
the focal point of the field of as colonies and now by working for
international relations. multinational corporations under
neocolonialism.
 World-systems are defined by the
existence of labor. The modern - Peripheral countries are dependent
world-system has a multi-state on core countries for capital and
political structure (the interstate have underdeveloped industry.
system) and therefore its division of  Resources are redistributed from the
labor is an international division of underdeveloped (poor part of the
labor. world - the periphery) to developed
 The division of labor consists of three countries (core).
zones according to the prevalence of  Cyclical rhythms represent the short-
profitable industries or activities: term fluctuation of economy, while
core, semi periphery and periphery. secular trends mean deeper long run
tendencies, such as general
economic growth or decline.
 The term contradiction means a
general controversy in the system,
usually concerning some short term
vs. long term trade-offs. The last
temporal feature is the crisis: a crisis
occurs if a constellation of
circumstances brings about the end
of the system.
 The world-system theory stresses
Division of Labor that world-systems should be the

 Core How can we, as individuals and as a

- High income nations in the world society, contribute to a more
economy. This manufacturing base of sustainable and equitable economy?
the planet where resources funnel in basic unit of social analysis. Thus, we
to become the technology and should focus not on individual states,
wealth enjoyed by the Western World
today. They are dominant capitalist
 but on the relations between their capital, and these classes
groupings (core, semi-periphery, and cooperated to produce national
periphery). goods largely with national natural
resources. These national goods then
Global Governance competed in international markets
against the goods of other nations,
 Is sometimes referred to as “world produced by their own national
governance.” Global is a movement capital/labor teams using their own
towards political cooperation among resources. This is internationalization
transnational actors, negotiating as defined a while ago.
responses to problems that affect
more than one state or region.
"Global Governance" may mean the
Market Integration
process of designating laws, rules, or
Market
regulations intended for a global
scale.  The word ‘market’ has been derived
from the Latin word mercatus which
Effects of Global Governance means to trade, merchandise, or a
 Globalization restrains governments place where business is transacted.
by inducing increased budgetary When used in general sense, market
pressure. As a consequence, means a place where goods are
governments may attempt to curtail purchased and sold. Thus, buyers
the welfare state, which is often seen and sellers meet in the market for
as a drag on international buying and selling the goods.
competitiveness, by reducing
Integration
especially their expenditures on
transfers and subsidies.  Integration occurs when separate
people or things are brought
Internationalism vs together. It also means to become
one or unite as one. Moreover,
Globalization integration is also the opposite of
‘set apart’.
 Internationalization
refers to the increasing importance of What is Market Integration?
international trade, international relations,
 Before the rise of today’s modern
treaties, alliances, and many more.
economy, people only produced for
International, means between or among
their family. Nowadays, economy
nations. The basic unit remains the nation,
demands the different sectors to
even as relations among nations become
work together in order to produce,
increasingly necessary and important.
distribute, and exchange products
 Globalization and services. Market Integration is
also a process by which economies
refers to global economic integration of becoming more interdependent and
many formerly national economies into one
global economy, mainly by free trade and
free capital mobility, but also by easy or
uncontrolled migration. It is the effective
erasure of national boundaries for
economic purposes. International trade
(governed by comparative advantage)
becomes interregional trade (governed by
absolute advantage).
 The national community embraced
both national labor and national
 interconnected in terms of
commodity flows including
externalities and spillover.
 Economic system varies from one
society to another. But in any given
economy, production typically splits
into three sectors.

 Primary Sector
extracts raw materials from the - It occurs when a firm performs more
environment. Workers like farmers or than one activity in the sequence of
miners fit well in the primary sector. the marketing process.
 Secondary Sector Three Types of Vertical
gains the raw materials and transforms Integration
them into manufactured goods.
a) Forward Integration – A firm
 Tertiary Sector assumes another function of
involved service rather than goods. It offers marketing.
service by doing things rather than making
b) Backward Integration – It
things.
involves ownership or a combination
of sources of supply.
Three Types of Market
c) Balanced Vertical Integration
Integration – The combination of the backward
and the forward integration.
1) HORIZONTAL INTEGRATION
- In this type of integration, some 3) CONGLOMERATE
marketing agencies combine to form - a combination of agencies or
activities not directly related to each
other may operate under a unified
management.

Advantages and
Disadvantages of Market
Integration
Advantages
a union to reduce their effective
number and the extent of actual 1. Increase efficiency.
competition in the market.
2. Increase opportunities for
2) VERTICAL INTEGRATION consumers.
 3. Can lead to greater political any given moment, to provide
cooperation and stability. government-like services and public
goods in the absence of a world
4. Promotes Competition.
government. It is the combination of
Disadvantages informal and formal ideas, values,
rules, norms, procedures, practices,
1. Regulatory differences. policies, and organizations that help
all actors-states, IGOs, civil society
2. Cultural differences.
and NGOs, TNCs, and individuals-
3. Political risks. they identify, understand, and
address transboundary problems. At
4. Economic risks.
its simplest, global governance is a
5. Competition risks. set of questions that enable us to
work out how the world is, was, and
The Importance of Market could be governed, and how changes
in grand and not-so-grand patterns
Integration to our of governance occurred, are
occurring, and ought to occur (Weiss,
Globalization 2013).
Market integration is crucial in our
globalized world for several reasons: Importance of Global
1) Increased efficiency Governance
2) Improved customer service  Since a single nation cannot
effectively address many of the
3) Enhanced competitiveness
problems facing us today, such as
4) Facilitation of trade terrorism, pandemics, and climate
change, having global governance is
5) Promoting sustainability important. To solve these problems,
we must collaborate and unite our
How does Market efforts globally.
Integration Affect Us?
Global Governance
 By minimizing trade barriers, market
integration promotes the free flow of
Organization Actors
goods and services across borders,  Global governance involves
making it easier for businesses to cooperation among various actors
access wider markets. Ultimately, addressing challenges that go
this encourages economic growth beyond national borders.
and prosperity. Furthermore, market
integration also leads to improved  International Governmental
efficiency and increased competition. Organization (IGOs)

Contemporary Global Set the rules and make sure countries play
fair

Governance  Non-Governmental
Organization (NGOs)
 collective efforts to identify,
understand, and address worldwide Are group of regular people who work on
problems that go beyond the specific problem like human rights,
problem-solving capacities of states environment, poverty
(Weiss, 2010).
 Transnational Corporation
 Global governance is the capacity (TNCs)
within the international system, at
Bring jobs, money and technology, but they  Multipolar – Consider a pole as a
also have a responsibility to consider how stronghold or source of authority. A
their actions affect to people and the multipolar world is one in which
environment some powerful and prominent
nations or groups control many of
Benefits and Challenges of the decisions made.

Global Governance:  Anti-hegemonic Order – is a

system where power is distributed
Benefits: evenly among different countries or
 Addressing Global groups, promoting a more equal and
Challenges/Solving Big Problems cooperative approach, avoiding the
dominance of one group.
 Promoting Peace and Security
 This is in stark contrast to the
 Facilitating Trade and Economic kind of political entity which
Growth/Making Trade Easier determined our lives: the
 Protecting Human Rights sovereign territorial state or
"nation-state." In fact, most
 Fostering Innovation and
Western countries have lived
Collaboration
under this kind of state since the
Challenges: late 18th century or possibly
earlier. This kind of state has
 Diverse Opinions
become the universal framework
 Power Imbalances/Some Have More of social development. However,
Power after centuries of serving as an
 Complexity and Fragmentation example to most, if not all
sovereign countries, this kind of
 Lack of Enforcement Mechanisms/ state is entering a phase of
Not Enough Rules uncertainty.
 Sovereignty Concerns
The Notion of “Nation-
The Uncertainty of the State” has the Following
Sovereign Territorial State Elements:
or Nation-State
 Continues and broken
 Since the end of the Cold War, the territory (preferred):
world has been heading toward a
less centralized form of governance. - This means that the land belonging
As the United States is facing serious to a nation-state is connected and
setbacks in the wars in Iraq and not scattered.
Afghanistan, many emerging powers  Sovereign territory:
such as China, Russia, and Brazil
have formed regional alliances to - sovereign territory refers to the idea
create a multipolar and anti- that a nation-state has full control
hegemonic order. This development over its own land.
is being referred to as the beginning
 The state has the monopoly
of "the post-American world," in
which the United States retreats and both of law and of the powers
the rest of the world advances in of coercion:
economic power and political - This means that the nation-state is
influence (Zakaria, 2008). the only authority allowed to create
and enforce laws within its borders.
 The national state rules its organizations allow more efficient
citizens or subjects directly courses of action than the
and not through intermediate bureaucracies of nations or states
authorities: can attain.

- In a nation-state, the central What are Non-State Actors?

government governs its people  A non-state actor is a group or
directly, without any other groups or individual who is not associated with,
organizations in between. directed by, or supported by a
 Direct government and government.
administration of inhabitants Here are Some Common and
by the central authorities of Influential Classes of Non-State
the “nation-state”: Actors:
- The central government of the  Corporation
nation-state is responsible for
directly managing and administering  Banks
its people.  Organization
 The state is considered to  Media organization
represent the people, and the
people serve as a source of  Business magnates
sovereignty or at least give
the state legitimacy:
The United Nations
- In a nation-state, the government is  One important example of a non-
seen as speaking for its citizens and state actor, an international
derives its power and authority from government organization (IGO)
them. playing a vital role in the world's
affairs, is the United Nations (UN).
 The citizenry was or ought to The United Nations is an IGO
form a homogeneous designed to make the enforcement
population: of international law, security, human
rights, economic development, and
- The people living in the nation-state social progress easier for countries
are expected to share common around the world.
characteristics such as culture,
language, and identity. FIVE BRANCHES OF UN:
a. The UN General Assembly
The Rise of Non-State
Is the main decision-making and
Actors representative assembly and is responsible
 A huge rise of non-state actors for upholding the principles of the UN
resulted from the occurrence above- through its policies and recommendations.
mentioned. These international It is composed of all member states and
organizations in the public and headed by a president elected by the
private sectors are set with higher member states.
objectives and goals to participate in b. The UN Security Council
global governance and improving
lives. This rise also created a new Can authorize the development of UN
landscape and new architectures of member state’s militaries, can mandate a
global governance wherein multi- cease-fire during conflicts, and can enforce
sector partnerships are present, such penalties on countries if they do not comply
as transnational businesses. Further, with given mandates. It is composed of five
the loose structures of these
permanent members and 10 rotating has been a key player in shaping the global
members. health agenda and is the only organization
capable of creating legally binding treaties,
c. The International Court of such as the Framework Convention on
Justice Tobacco Control (FCTC) and International
Can settle, according to international law, Health Regulations (IHR). These regulations
legal disputes between states and give and initiatives, including the Sustainable
opinions, mostly advisory, on legal Development Goals (SDGs), guide
questions brought to it by UN organs and healthcare practices and influence policies
agencies. that impact nursing and medical fields
worldwide.
d. The Economic and Social
Council General Principles of
Assists the UN General Assembly in
promoting economic and social International Law
development, as well as cooperation of
1) National Law
member states.
 National law regulates relations of
e. The Secretariat
individuals among themselves or
Headed by the Secretary-General, provides within the state. It consists of
studies, information, and other dates when statutory enactments, executive
needed by other UN branches for their orders, and judicial pronouncements.
meetings. If there is conflict, the same is
redressed through local,
Summary administrative, and judicial
processes.
Global governance is the capacity within
the international system at any given 2) International Law
moment to provide government-like  International law governs the
services and public goods in the absence of interactions between states and
a world government. This kind of entities on an international level.
governance shifted from the traditional This body of law is based on treaties,
territorial sovereign state or "nation-state" customary practices among nations,
to a more loose and less stricken structures and fundamental legal principles. In
warranting international cooperation, cases of conflict, resolutions typically
movement, and response. In response, involve negotiations between states.
several non-state bodies came about,
including the United Nations and the G20+-
all with ultimate goals of international
Two Doctrine of Adaptation
action. Doctrine of Incorporation

How Does Contemporary  The doctrine of incorporation is

mainly based under Section 2, Art. II
Global Governance Relate of the 1987 Constitution which states
that: “the Philippines adopts the
to Nursing or the Medical generally accepted principles of
Field International Law as part of the law
of the land." Thus, the generally
Global Health Governance involves the use accepted principles of international
of various institutions, rules, and processes law are considered as part of a
by states, intergovernmental organizations, state's national laws by reason of its
and non-state actors to address health membership in the family of nations.
challenges that require collective action
across borders. Since its establishment in Doctrine of Transformation
1948, the World Health Organization (WHO)
  The doctrine of transformation of practice by a substantial number
requires the enactment by the of states (Aust, 2010). In a leading
legislative body of such international case rendered by the International
law principles as are sought to be Court of Justice, the case of North
part of municipal law (Coquia & Sea Continental Shelf Cases
Defensor-Santiago, 2005). This (Germany v. Denmark, ICJ, 1969)
doctrine must be related to the
power of the President to enter into Opinion of Law or Necessity
treaties wherein rule and principles  Opinio juris sive necessitates states
embodied in said treaties would be the belief that the given practice is
transformed into Philippine law and rendered obligatory by the existence
would become valid and effective of a rule requiring it.
upon the concurrence of two-thirds
(2/3) of all the members of the Kinds of Internation
Senate (Sec. 21, Art. VII, 1987
Constitution). Customs
International Convention o Regional Custom

International conventions are international Regional custom is a practice among states

agreements concluded between States, in within a particular area of the world which
written form, and governed by International can be sufficiently well-established and
Law, embodied either in a single instrument accepted as law that is binding among the
or in two or more related instruments and states of that region but not elsewhere
whatever its particular designation (Art. 2 (Epps & Graham, 2011).
(1) (a), Vienna Convention on Law of o Special or Local Custom
Treaties).
A special custom, on the other hand, is a
Bilateral Treaties long-continued practice between two
 A bilateral treaty is an agreement states, accepted by them as regulating
between two countries or parties. their relations that form the basis of mutual
These treaties are often used to rights and obligations (Right of Passage
facilitate cooperation, promote trade, Case (Portugal v. India), ICJ, 1960).
or resolve disputes between the two
parties involved. Jus Cogens and
Multilateral Treaties Obligations Erga Omnes
 A multilateral treaty is an agreement Jus Cogens (Compelling Law):
between three or more countries or
 Norms with peremptory authority in
parties. These treaties are designed
international law, superseding
to address issues that affect multiple
conflicting treaties and customs.
nations, such as climate change,
human rights, or global health.  Cannot be derogated or modified
except by a norm of similar
International Customs character.

International customs, also known as  Holds a higher rank than treaty law
customary law, consists of rules of law and ordinary customary rules.
derived from the consistent conduct of
Examples: Prohibitions on torture, racial
states, acting out of the belief that the law
discrimination, genocide, and piracy.
required them to act that way (Aust, 2010).
Obligations Erga Omnes (“Towards
State Practice
All”):
 State practice states that there must
be evidence of substantial uniformity
  Obligations under general Executive agreement:
international law that a state owes to
the international community as a  An agreement concluded by the
whole. President based on authority granted
by Congress or inherent
 A breach enables all states to take constitutional authority.
action, reflecting the common values
and concern for compliance.  Distinguished from a treaty, which
requires the advice and consent of
 Also applies under multilateral the Senate, with at least two-thirds
treaties where states owe obligations concurrence of its members.
to all other state parties.
 Both treaties and executive
Examples: Prohibitions on acts of agreements are binding as long as
aggression, genocide, and violations of the negotiating authorities remain
basic human rights. within their powers.

Treaties Concordat:
 A treaty or agreement between the
 Definition and Formation: A treaty is
Pope and a state or government,
a formal, written agreement between
typically concerning the rights and
states governed by international law.
privileges of the Holy See within that
The process includes negotiation,
state.
signing, ratification, and registration
with the United Nations.  Establishes the relationship between
the Catholic Church and a civil
Pacta Tertiis Nec Nocent Nec
government.
Prosunt (“A Treaty Binds the
Parties and Only the Parties”)
State, Nationality and
 A treaty only binds those who are
parties to it and has no effect on Statelessness
third parties.
State
Pacta Sunt Servanda (“Agreements
Must Be Kept)  A state is a political entity with
defined geographical boundaries,
 Every treaty in force is binding upon a government, and the ability to
the parties and must be performed in enter into relations with other
good faith. states. It typically has sovereignty
over its territory and population.
Rebus Sic Stantibus (“Things
Standing Thus”)  The state is a form of human
association distinguished from other
 A fundamental change in
social groups by:
circumstances, unforeseen by the
parties and existing at the time of 1. Its purpose – the establishment of
the treaty's conclusion, may be order and security.
invoked to terminate or withdraw
from the treaty. 2. Its methods – the laws and their
enforcement.
 This applies if the change radically
transforms the extent of the 3. Its territory – the area of
obligations still to be performed jurisdiction or geographic
under the treaty. boundaries.

4. Its sovereignty – based on the

Executive Agreement and exclusive power that it exercises
Concordat over its territory and its nationals.
  The state consists, most broadly, of might have French nationality. In out
the agreement of the individuals on situation, as we are born in
the means whereby disputes are Philippines, we are a Filipino.
settled in the form of laws.

Four Elements of State

1) Permanent Population
Total number of people alive and living in
the given area.

2) Territory
Part of geographic space which is under the
control and sovereignty of the state. It  Nationality can also relate to
encompasses land territory with internal cultural identity, reflecting shared
waters and territorial sea, the airspace and traditions, language, and heritage
subsoil. associated with a particular nation.
3) Government
Statelessness
The political system by which a country or
community is administered and regulated.  Stateless people have difficulty in
accessing basic rights such as
4) Sovereignty education, health care, employment,
and freedom of movement.
Power of the state to control and govern
itself and its affairs. Has the power to enact  Statelessness refers to the condition
and enforce its own law. Itis the concept of an individual who is not
that one state can handle its affairs without considered a national by any
another country interfering. country. This can occur for various
reasons, such as conflicts of laws
 ALL OF THESE must be present in
between countries, political
order for a state to be deemed
instability, or discrimination.
absolute in the community, if one of
them is missing the state position
will be forfeited.
Two Types of How a State
 If one element is missing, there is no Gain Their Nationality
state at all.
o Citizen by soil (jus soli)
Nationality - Means a person’s citizenship by the
place where they were born.
 The status of belonging to a
particular nation by birth or o Citizen by blood (jus sanguini)
naturalization.
- Means the principle of determining a
 People have common origins or person's citizenship through one or
traditions and often comprising a both of their parents’ citizenship.
nation.
Statelessness
 Nationality generally refers to the
status of belonging to a  If a foreign country where a child is
particular nation, either by birth or born does not permit nationality by
naturalization. It often implies legal soil, and if the country of origin does
membership in a specific country not permit parents to pass on
and can determine one’s legal rights nationality to a child born abroad.
and duties within that country. For
instance, someone born in France Impact
Human Rights an individual belongs. Healthcare costs,
quality, and accessibility can all be
 Stateless persons often struggle impacted by nationality, with citizens
to access essential services such generally having greater access to
as healthcare, education, and healthcare than non-citizens.
social services. Without official
documentation, they may be 2. Licensing and Credentialing
excluded from public systems
Nurses themselves are affected by state
and benefits.
regulations and nationality, particularly
Example: Person X needs medical when it comes to licensing. Different
treatment for a chronic condition but countries and states have varying
cannot access the national healthcare requirements for nursing credentials which
system in Country X because she lacks can affect where a nurse is able to practice.
official documentation. Without a
citizenship card or residence permit, she is 3. Vulnerability to Health
ineligible for public health services and Inequities
cannot afford private care. Stateless persons are often among the
Legal and Employment Issue most vulnerable populations, facing
significant barriers to health care. They
 Stateless individuals may have may be more likely to experience poor
difficulties finding legal health outcomes due to inadequate access
employment, starting to medical services, lack of legal protection,
businesses, or participating in and discrimination.
the formal economy. Their lack
of citizenship can also lead to 4. Ethical Considerations
problems with legal recognition When providing care for stateless people,
and protection. nurses may run into ethical issues,
Example: Person X wants to work as a especially if their legal status limits the kind
teacher but cannot obtain a work permit of treatment they are eligible for. In the
due to her stateless status. Without legal process of addressing these obstacles,
employment, she struggles to support nurses must uphold the principles of
herself and lacks financial stability. justice, equity, and patient advocacy.

Social Exclusions
The Law of the Sea
 Stateless individuals might
experience social Hugo Grotius
marginalization and o He is considered as the Father of
discrimination, leading to International Law, but he is also the
exclusion from communities and Father of the Law of the Sea.
limited opportunities for social
integration. o UNCLOS signed December 10, 1982

Example: In Country X, Person X faces o It ratified or declared on November

discrimination because of her lack of official 16, 1994
status. She feels excluded from social
activities and community events, impacting The United Nation
her social integration and emotional well-
being. Convention of the Law of
Impact on Nursing the Sea (UNCLOS)
o The Law of the Sea
1. Healthcare Access
o Law of the Sea Convention
Access to healthcare services is frequently
determined by the state or nation to which o Law of the Sea Treaty (1982)
 and those were a state that does enjoy
rights.

Normal Baseline
 Low -water line along the cost as
marked on large-scale charts
officially recognize by the coastal
state.

Law of the Sea

A body of international rules that binds Straight Baseline
states and other subjects of international
law in their maritime affairs.  It is a straight line joining specified or
discrete points on the low water line.
Function: The spatial distribution of
 It is usually known as straight
baseline endpoints.

national jurisdiction and ensure cooperation

between states.
Closing Lines
Principle of Freedom
 Across river mouths and bays
 It aims to ensure the freedom of the
various uses of the oceans.  Dividing lines between the internal
waters and the territorial seas of a
Principle of Sovereignty coastal state and closing river mouth
 It seeks to safeguard the interests of
coastal states.

Principle of the Common Heritage

of Mankind
 Seeks to promote the common
interest of all people in present and
future generations.

Baseline a bay or harbor.

Is the line from which the outer limits of Archipelagic Baseline

marine spaces under the national
jurisdiction of the coastal state are
measured.
Purpose: They create a demarcation
between areas where state has no rights
  Is the state constituted wholly by one
or more archipelago.
Historical Development of
the Law of the Sea
The Law of the Sea has evolved over
centuries, influenced by historical events
and the changing nature of maritime
activities. Early maritime practices were
o Coastal Archipelago
governed by customary law, which evolved
- G r o u p o intof formal treaties
i and
s conventions.
l a Key
n d
milestones include the 1958 Geneva
Conventions on the Law of the Sea and the
landmark 1982 United Nations Convention
on the Law of the Sea (UNCLOS), which
mainland. remains the primary source of international
law governing the oceans.

1. Early Maritime Practices

- Ancient civilizations developed rules
for navigation, fishing, and trade on
the seas, primarily based on
customary law and agreements
between maritime powers.

2. Medieval and Early Modern

Period
- During this era, the concept of
o
territorial waters began to emerge,
Mid- with coastal states asserting control
Ocean Archipelago over areas adjacent to their shores.
- Group of islands, independent whole Maritime trade expanded
not just a forming part. significantly, leading to conflicts over
navigation rights and resource
exploitation.

3. 19th and 20th Centuries

- The 19th and 20th centuries witnessed
the codification of maritime law
through international conventions,
such as the Geneva Conventions of
1958 and the UNCLOS of 1982.

4. Contemporary Law of the Sea

What makes an
- Today, the Law of the Sea is a
ARCHIPELAGO or What complex and dynamic field,
does it need to constitute continuously evolving to address
contemporary challenges such as
an ARCHIPELAGO climate change, marine pollution,
o Existence of group of islands and the sustainable management of
ocean resources.
o Historical practices
Key Principles of the Law
o Economic and political entity
of the Sea
o Adjacent of the island
The Law of the Sea is based on several exploitation, and environmental
fundamental principles that underpin its protection.
framework. These principles aim to balance
the interests of coastal states and the Exclusive Economic Zone (EEZ)
international community in the use and  Sovereign rights to explore, exploit,
management of the oceans. conserve, and manage natural
1) Territorial Sovereignty resources, but other states have the
right to navigate through these
Coastal states have sovereignty over their waters.
territorial water, extending 12 nautical
miles from their baseline. Continental Shelf

2) Freedom of Navigation  The seabed and subsoil extending

beyond the territorial sea, over which
The high seas are considered international the coastal state has sovereign
waters, open to all states for navigation, rights to explore and exploit natural
fishing and other peaceful uses. resources.

3) Conservation and High Seas and Freedom of

Management of Marine
Resources Navigation
The Law of the Sea emphasizes the need to The high seas, also known as the open sea,
conserve and sustainably manage marine are all waters beyond national jurisdiction,
resources, ensuring their availability for extending beyond the territorial sea and
future generations. EEZ. These waters are considered the
common heritage of mankind and are open
4) Peaceful Settlement of to all states for peaceful purposes. This
Disputes includes navigation, fishing, scientific
The law of the Sea provides mechanisms research, and laying cables and pipelines.
for the peaceful settlement of disputes A. Freedom of Navigation
between states, promoting cooperation and
avoiding conflict over maritime issues. - All states have the right to navigate
the high seas, subject to
Territorial Waters and international law and the safety of
navigation.
Exclusive Economic Zones
B. Freedom of Fishing
Territorial waters are a belt of sea
extending 12 nautical miles from a state’s - States can fish on the high seas but
baseline, within which the state has must comply with international
sovereignty. This means that the state has conservation and management
exclusive rights to exploit resources, control measures to ensure sustainable
navigation, and enforce its laws. An fishing practices.
exclusive economic zone (EEZ) is a C. Freedom of Scientific
maritime area extending 200 nautical miles
Research
from a state’s baseline, within which the
state has sovereign rights to explore, - States have the right to conduct
exploit, conserve, and manage natural scientific research on the high seas
resources, including living and non-living but must share their findings with
resources. the international community.
Territorial Waters D. Freedom of Laying Cables and
Pipelines
 Full sovereignty over all activities
within the waters. This includes - States can lay cables and pipelines
navigation, fishing, resource on the seabed of the high seas but
 must respect the rights of other International Tribunal for the Law
states and the marine environment. of the Sea (ITLOS)

International Seabed  ITLOS is a judicial body established

under UNCLOS with jurisdiction over
Authority and Deep-Sea disputes relating to the
interpretation and application of the
Mining Convention.
The International Seabed Authority (ISA) is Compulsory Adjudication
an intergovernmental organization
established under UNCLOS to regulate  States can choose to submit disputes
activities in the Area, which is the seabed to compulsory adjudication by ITLOS
and subsoil beyond national jurisdiction. or another agreed-upon forum, such
The ISA plays a crucial role in managing as the International Court of Justice.
and conserving marine resources, including
the regulation of deep-sea mining activities.
Conciliation and Arbitration
 States can also opt for alternative
Function: Exploration and
dispute resolution mechanisms, such
Exploitation
as conciliation or arbitration, to reach
Details: The ISA grants contracts for the a mutually acceptable solution.
exploration and exploitation of mineral
Peaceful Settlement of Dispute
resources in the Area, ensuring
environmental protection and equitable  The Law of the Sea emphasizes the
sharing of benefits. importance of peaceful settlement of
disputes, preventing conflict and
Function: Environmental Protection
promoting cooperation between
Details: The ISA sets environmental states.
standards and procedures for deep-sea
mining, aimed at minimizing impacts on the Challenges and Future
marine environment.
Developments in the Law
Function: Scientific Research
of the Sea
Details: The ISA promotes and facilitates
scientific research in the Area, contributing The Law of the Sea continues to face
to a better understanding of the deep evolving challenges in the 21st century. The
ocean. rapid development of the new technologies,
such as deep-sea mining, the increasing
Function: Technical Cooperation pressure on marine resources, and the
impacts of climate change on the oceans
Details: The ISA provides technical
require ongoing attention and adaptation of
assistance to developing countries to
existing legal frameworks.
enhance their capacity to participate in
seabed activities. o Climate Change

Dispute Resolution Rising sea levels, ocean acidification, and

changes in marine ecosystems pose
Mechanisms significant challenges to the Law of the
Sea, requiring a global response to mitigate
UNCLOS provides comprehensive climate change and adapt to its impacts.
mechanisms for the peaceful settlement of
disputes arising from its application. These o Marine Pollution
mechanisms aim to ensure that
disagreements between states are resolved Pollution from land-based sources,
fairly and effectively, contributing to the shipping, and other human activities
stability and order of the Law of the Sea. continues to threaten the health of the
oceans, demanding stricter cooperation to and should act toward one another in
address this issue. a spirit of brotherhood.

o Illegal, Unreported, and Article 2: Freedom from slavery and

Unregistered (IUU) Fishing servitude
IUU fishing undermines the sustainability of - Everyone is entitled to all the rights
fisheries and threatens the livelihoods of and freedom set forth in the
coastal communities, highlighting the need declaration without distinction of any
for enhanced enforcement and cooperation kind, such as race, color, sex,
to combat this practice. language, religion, political or other
opinion, national or social origin,
o Sustainable Development of property, birth, other status.
Marine Resources
Article 9: Presumption of innocence
Balancing the need for economic until proven guilty
development with the preservation of
marine biodiversity and the health of the Article 16: Freedom of thought,
oceans is a key challenge that requires conscience and religion
innovative approaches and a commitment
to sustainable practices.
Under Articles 22-28 of the UDHR.
International Human The Economic

Rights Law Article 1: Social Security

- All human beings are free and equal
The Universal Declaration of
in dignity and rights. They are
Human Rights Law (UDHR)
endowed with reason and conscience
 Adopted by the United Nations and should act toward one another in
General Assembly on December 10, a spirit of brotherhood.
1984, at Palais De Chaillot, Paris.
Article 2: work, free choice
 A historic document which outlined employment, just and favorable
the rights and freedom everyone is remuneration, and the right to
entitled to. form and join trade unions for the
 A milestone document in the history protection of his interests.
of human rights. Article 3: rest and leisure
 First international agreement on the
International Convention on Civil
basic principles of human rights.
and Political Rights (ICCPR)
 Human rights law transcends states
 Is a multilateral treaty adopted by
boundaries by seeking to define and
the by the United Nation General
uphold those rights held universally
Assembly on December 10, 1966.
by every person regardless of
nationality.  Entered into forced on March 23,
1966.
Under Articles 1-21 of the UDHR,
The Civil and Political Rights  March 28, 2014, it has 74 signatures
and 167 parties.
Article 1: Life, Liberty, and Security
of Person  December 19, 1966. The Philippines
signed it, and the same ratified on
- All human beings are free and equal October 23, 1986 (United Nations
in dignity and rights. They are Treaty Collection)
endowed with reason and conscience
Under ICCPR, Incorporated therein equal right of men and women to the
are Rights which are not Subjected enjoyment of all economic, social
to Limitations or Suspension even and cultural rights set forth in the
in Emergency Situations present Covenant.

Article 1: Right to Life Article 9:

- States that people have the right to - The States Parties to the present
self-determination by virtue of that, Covenant recognize the right of
they freely determine their political everyone to social security, including
status and freely pursue their social insurance.
economic, social and cultural Convention on Elimination of
development and freely dispose of Discrimination Against Women
their natural wealth and resources
(CEDAW)
without prejudice to any obligations
arising out of international law. And  To eliminate discrimination against
people may be deprived of their own women in all fields and spheres.
means of subsistence.
 Provides the basis for realizing
Article 2: Prohibited on genocide equality between women and men
through ensuring women’s equal
Article 3: Freedom from torture and access to, and equal opportunities in
cruel, degrading or inhuman political and public life.
treatment or punishment.
 International Bill of Rights for
International Convention on women.
Economic, Social and Cultural
 Adopted in 1979, took effect on
Rights (ICESCR) September 3, 1981.
 Is a multilateral treaty adopted by
 It affirms women’s rights to acquire,
the United Nations General Assembly
change or retain their nationality and
on December 16, 1966.
the nationality of their children.
 It entered into force on January 31,
Article 1:
1976.
- States that discrimination against
 As of 2015, it has 71 signatures and
women refers to any discrimination,
164 parties.
exclusion, or restriction made on the
 Ensures the enjoyment of economic, basis of sex which has the effect or
social and cultural rights. purpose of impairing or nullifying the
recognition, enjoyment, or exercise
o Education of women. Irrespective of their
o Fair of just conditions of work marital status, on a basis of equality
of men and women, of human rights
o An adequate standard of living and fundament freedoms in the
political, economic, social, cultural
Article 1: civil or any field.
- All peoples have the right of self-
Article 1-2:
determination. By virtue of that right
they freely determine their political - It further states that any act of
status and freely pursue their gender-based-violence that results
economic, social and cultural in, or is likely to result in physical,
development. sexual, or psychological harm or
suffering to women, including threats
Article 3: of such acts, coercion, or arbitrary
- The States Parties to the present deprivation of liberty, whether
Covenant undertake to ensure the occurring in public or private life.
Migrant Workers Convention Some of the Rights of the Child
Provided in UNCRC:
 A migrant worker is defined as one
who is to be engaged, is engaged, or Article 1: Right to be registered at
has been engaged in a remunerated birth
activity in a state of which he or she
is not a national. (Article 2) - Provides that every human being
below the age of 18 years is a child
 Adopted in 1990 by the United unless under the law applicable to
Nations (UN) General Assembly. the child, majority is attained earlier.
 Sets a worldwide standard in terms Article 3: Right to know and be
of migrants’ access to fundamental
cared by his parents
human rights, whether on the labor
market, in the education and health Article 5: Freedom of expression
systems or in the courts.
Article 13: Right to education
Part III of the Migrant Workers
Convention Details the Rights of All
Migrants and Their Family
Members. Summary
Article 1: Freedom to leave any  International Human Rights are
state, including their state of origin incorporated in conventions such as
and the right to any time to enter UDHR, ICCPR, ICESCR, among others.
and remain in their state of origin
 It also stated that sign these
Article 2: Not to be subjected to conventions are bound to comply
any torture or to cruel, inhuman or with their provisions by basing their
degrading treatment or own national laws to pronouncement.
punishment.  The Philippines for instance,
formulated their own national laws
Article 3: Not to be held in slavery
based on these conventions,
or forced or compulsory labor particularly CEDAW, Migrant Workers
United Nations on the Convention Convention and the UNCRC.
on the Rights of the Child (UNCRC)
 Has 54 articles that cover all aspects
Principles on
of a child’s life and set out civil,
political, economic, social and
International
cultural rights. Environment Law
 Is a legally binding international
agreement setting out the civil, Internation Environment Law
political, economic, social and  The branch of public international
cultural rights of every child, law comprising of those substantive,
regardless of their race, religion or procedural, and institutional rules
abilities. which have as their primary
 Outlines the specific rights that objective the protection of the
children and young people can claim. environment. The term
"environment" is understood as
 Legally binding agreement by 196 encompassing both the creatures
countries (as of July 12, 2022) and products of the natural world
and those of human civilization
 Is universal, apply to every child and
(Sands &Philippe, 2003).
the convention entities every child to
claim them. Principles of Good Neighborliness
  States have, in accordance with the adverse impact on the environment
Charter of the United Nations and and are subject to a decision of a
the principles of international law, competent national authority (1992
the sovereign right to exploit their Rio Declaration on Environment and
own resources pursuant to their own Development. Principle 17).
environmental policies and the
responsibility to ensure that Principle of Intergenerational
activities within their jurisdiction or Equity
control do not cause damage to the  Man bears a solemn responsibility to
environment of other states or of protect and improve the environment
areas beyond the limits of national for present and future generations
jurisdiction (1972 Stockholm (1972Stockholm Declaration on the
Declaration on the Human Human Environment, Principle 1).
Environment, Principle 21).
Principle of Common but
Precautionary Approach/Principle
Differentiated Responsibility
 When there is a lack of full scientific
 Because developed states have
certainty in establishing a causal link
contributed disproportionately to
between human activity and
global environmental degradation,
environmental effect, the court shall
and because they comm and greater
apply the precautionary principle in
financial and technological
resolving the case before it (1992 Rio
resources, those states have a
Declaration on Environment and
special responsibility in shouldering
Development, Principle 15).
the burden of pursuing global
Polluter Pays Principle sustainable development (Sarmiento,
2009).
 National authorities should endeavor
to promote the internationalization of Principle of Non-discrimination
environmental costs and the use of
 Each state should ensure that its
economic instruments, taking into
regime of environmental protection,
account the approach that the
when addressing pollution origination
polluter should, in principle, bear the
within the state, does not
const of pollution with due regard to
discriminate between pollution
the public interest and without
affecting the state and pollution
distorting international trade and
affecting other states
investment (1992 Rio Declaration on
(Sarmiento,2009).
Environment and Development,
Principle 16).
Standard of Conduct
Principle of Sustainable
Strict Liability Theory
Development
 States are under an absolute
 It is a development that meets the
obligation to prevent pollution and
needs of the present without
are liable for its effects irrespective
compromising the ability of the
of fault (Shaw, 2008).
future generations to meet their own
needs (Our common future, UN Test of Due Diligence
Document A/42/427)
 It is the standard that is accepted
Environment Impact Assessment generally as the most appropriate
Principle one. The test of due diligence
undoubtedly imports an element of
 Environmental impact assessment,
flexibility in the equation. It is also
as a national instrument, shall be
important to note that elements of
undertaken for proposed activities
remoteness and foreseeability are
that are likely to have significant
part of the framework of the liability
 of the states. The damage that
occurs must have been caused by
the pollution under consideration
(Shaw, 2008).

Long-Range Trans-boundary Air

Pollution
 Air pollution whose physical origin is
situated wholly or in part within the
are under the national jurisdiction of
one state and which has adverse
effects in the area under the
jurisdiction of another state at such a
distance that it is not generally
possible to distinguish the
contribution of individual emission
sources of groups of sources (1979
Convention on Long-Range
Transboundary Air Pollution, Article
1b).
 The main bases of liability for
transboundary pollution under
international law are as follows:(1)
An absolute duty to protect against
harm from ultrahazardous activities,
which if violated, results in a state
being held strictly liable;(2) The
absolute right theory or the
responsibility for negligent or
intentional acts; and (3) good
neighborliness principle. (Sarmiento,
2009).

Summary
The international environmental law
consists of several governing principles to
be followed by the concerned states. These
principles are also coupled with standards
of conduct for compliance. in the
Philippines, these principles are readily
applied in the environmental laws and
recent Philippine jurisprudence.