INTERNATIONAL LAW CHAPTER 1 GENERAL PRINCIPLES

NATURE AND SCOPE

INTERNATIONAL LAW IS THE BODY OF LEGAL RULES WHICH APPLY BETWEEN
1. SOVEREIGN STATES AND
2. SUCH OTHER ENTITIES AS HAVE BEEN
3. GRANTED INTERNATIONAL PERSONALITY
UNIVERSAL ACCEPTANCE SINCE IT WAS FIRST EMPLOYED IN1870 BY JEREMY BENTHAM INTRODUCTION TO THE
PRINCIPLES OF MORALS AND LEGISLATION
LAW OF NATION!
DIVISION OF INTERNATIONAL LAW
1. THE LAWS OF PEACE GOVERN THE NORMAL RELATIONS OF STATES.
2. THE LAWS OF WAR BREA"S OUT BETWEEN OR AMONG SOME OF THEM.
3. THE LAWS OF NEUTRALITY THOSE STATES NOT INVOLVED IN THE WAR CONTINUE TO BE REGULATED
UNDER THE LAWS OF PEACE IN THEIR RELATIONS INTER SE.
HOWEVER# THEIR RELATIONS WITH BELLIGERENTS# OR THOSE INVOLVED IN THE WAR# ARE GOVERNED BY
THIS.
DISTINCTIONS WITH MUNICIPAL LAW
MUNICIPAL LAW INTERNATIONAL LAW
1. IS ISSUED BY A POLITICAL SUPERIOR 1. IS NOT IMPOSED UPON BUT SIMPLY
FOR OBSERVANCE BY THOSE UNDER ADOPTED BY STATES AS A COMMON
ITS AUTHORITY RULE OF ACTION AMONG THEMSELVES.
2. CONSISTS MAINLY OF
ENACTMENTS 2. IS DERIVED NOT FROM ANY
FROM THE LAWMAKING AUTHORITY
PARTICULAR LEGISLATION BUT
FROM
OF EACH STATE SUCH SOURCES AS:
A. INTERNATIONAL CUSTOMS
B. INTERNATIONAL CONVENTIONS
C. THE GENERAL PRINCIPLES
3. REGULATES THE RELATIONS OF 3. APPLIES TO THE RELATIONS
INDIVIDUALS AMONG THEMSELVES INTER SE OF STATES AND
OR WITH THEIR OWN STATES OTHER INTERNATIONAL PERSONS
4.VIOLATIONS ARE REDRESSED 4.RESOLVED THROUGH
THROUGH LOCAL ADMINISTRATIVE STATE-TO-STATE TRANSACTIONS
AND JUDICIAL PROCESSES
RANGING FROM PEACEFUL
METHODS

LIKE NEGOTIATIONS AND
ARBITRATION
TO THE HOSTILE ARBITRAMENT OF
FORCE LIKE REPRISALS AND
EVEN WAR.
$. BREACHES OF ML ENTAIL ONLY $. RESPONSIBILITY FOR
INDIVIDUAL RESPONSIBILITY INFRACTIONS OF IL IS USUALLY
COLLECTIVE IN THE SENSE THAT
IT ATTACHES DIRECTLY TO THE
STATE AND NOT TO ITS NATIONAL
NOTE% IT IS POSSIBLE FOR A PRINCIPLE OF ML TO BECOME PART OF IL# AS WHEN THE PRINCIPLE IS EMBODIED IN A
TREATY OR CONVENTION.
RELATION TO MUNICIPAL LAW
DOCTRINE OF INCORPORATION BY AFFIRMING THEIR RECOGNITION OF THE PRINCIPLES OF IL IN THEIR
CONSTITUTIONS. GERMANY# "OREA# PHILIPPINES UNDER ART.2# CONSTITUTION.
DOCTRINE OF TRANSFORMATION THE GENERALLY ACCEPTED RULES OF IL ARE NOT PER SE BINDING UPON THE
STATE BUT MUST FIRST BE EMBODIED IN LEGISLATION ENACTED BY THE LAWMA"ING BODY AND SO TRANSFORMED
INTO ML. ONLY WHEN TRANSFORMED WILL THEY BECOME BINDING UPON THE STATE AS PART OF ITS ML.
"URODA V. JALANDONI
CRITERIA TO BE APPLIED IN RESOLVING CONFLICTS BETWEEN IL AND ML%
ATTEMPT TO RECONCILE THE APPARENT CONTRADICTION AND THEREBY GIVE EFFECT# IF POSSIBLE# TO
BOTH SYSTEMS OF LAW.
CO "IM CHAN V. VALDE& TAN "EH 'ILLUSTRATIVE OF THIS PRINCIPLE(
GENERAL MACARTHUR)S PROCLAMATION OF OCT.23# 1*++# INVALIDATED ALL JUDICIAL PROCEEDINGS
DURING JAPANESE BELLIGERENT OCCUPATION OF THE PHIL BECAUSE THE EDICT DECLARED NULL AND
VOID ALL LAWS# REGULATIONS AND PROCESSES OF ANY OTHER GOVERNMENT THAN THAT OF THE
COMMONWEALTH.!
SC E,PLAINED....PROCESSES OF ANY OTHER GOVT IN SAID PROCLAMATION# TO REFER TO JUDICIAL
PROCESSES# IN VIOLATION OF SAID PRINCIPLE OF INTERNATIONAL LAW.
CONFLICT IS ACTUAL NOT APPARENT% E,. AN AMENDMENT TO THE CONSTI OF A STATE ABOLISHING THE
RIGHT OF PROPERTY IN ALIENS WITHIN ITS JURISDICTION.
ML OR IL-
INTERNATIONAL TRIBUNAL VIEW IL. TO SUSTAIN OR UPHOLD THE SUPREMACY OF ML OVER IL COULD
LEAD TO I.ANARCHY AND LAWLESSNESS# EACH STATE DISCARDING AND REPUDIATING SUCH PARTS OF IL
AS ARE INCONSISTENT WITH AND INIMICAL TO ITS NATIONAL INTERESTS# AMBITION AND POLICIES.
GREAT BRITAIN AND VENE&UELA THERE COULD BE NO /UESTION THAT NATL LAWS MUST YIELD TO THE
LAW OF NATIONS IF THERE WAS A CONFLICT.
LEGISLATIVE DECREE OF GUATEMALA ABROGATING THE CONCESSION OF AN AMERICAN NATIONAL IN THE
COUNTRY WAS THE CONSTITUTIONAL ACT OF A SOVEREIGN STATE THAT COULD NOT BE /UESTIONED BY
AN I.TRIBUNAL.
ARBRITRATOR IT IS A SETTLED PRINCIPLE OF IL THAT A SOVEREIGN CANNOT BE PERMITTED TO SET UP
HIS OWN ML AS A BAR TO A CLAIM BY A FOREIGN SOVEREIGN FOR A WRONG DONE TO THE LATTER)S
SUBJECT.
FENWIC" IL IS BINDING UPON THE STATE AS A CORPORATE PERSON# AND NO PROVISION OF THGE NATL
CONSTI OR ACT OF THE NATIONAL LEGISLATURE OR DECREE OF THE E,ECUTIVE OR JUDICIAL AGENCIES
CAN CHANGE THE FORCE OF ITS PROVISION IN SO FAR AS THE LEGAL RELATIONS OF THE STATE TOWARD
OTHER STATES ARE CONCERNED.
NATIONAL TRIBUNALS IN THE CASE OF THE NEREIDE# SC OF US% IT WAS BOUND BY LAW OF NATIONS# W0C
IS PART OF THE LAW OF THE LAND.
THE OVER TOP CASE . IL IS LAW ONLY IN SO FAR AS WE ADOPT IT AND# LI"E ALL COMMON OR STATUTE
LAW# IT BENDS TO THE WILL OF CONGRESS.
BY LORD MANSFIELD I TRI/UET V. BATH . THE LAW OF NATIONS# IN ITS FULL E,TENT# WAS PART OF THE
LAW OF ENGLAND.
SCOTTISH COURT UPHOLDING THE ML IN THIS COURT WE HAVE NOTHING TO DO WITH /UESTION OF
WHETHER THE LEGISALATURE HAS OR HAS NOT DONE WHAT FOREIGN POWERS MAY CONSIDER A
USURPATION IN A /UESTION WITH THEM.
AND SO THE CONFLICT GOES# AND THE SOLUTION IS NOT YET IN SIGHT.
CONSTITUTION V. TREATY
TREATY% IS REJECTED IN THE LOCAL FORUM BUT IT IS UPHELD BY I.TRIBUNALS AS A DEMANDABLE
OBLIGATION OF THE SIGNATORIES UNDER THE MA,IM PACTA SUNT SERVANDA.
DECLARATION OF THE RIGHTS AND DUTIES OF STATES# ADOPTED BY THE IL COMMISSION ON JUNE *# 1*+*
EVERY STATE HAS THE DUTY TO CARRY OUT IN GOOD FAITH ITS OBLIGATIONS ARISING FROM TREATIES...
CONSTITUTIONS CONTAIN PROVISIONS EMPOWERING THE JUDICIARY TO ANNUL TREATIES AND THE
LEGISLATURE TO SUPERSEDE THEM WITH STATUES# THEREBY ESTABLISHING THE PRIMACY OF THE LOCAL
LAW OVER THE IL AGREEMENT.
PHIL CONSTITUION WHEN IT AUTHORI&ES THE SC TO DECIDE# AMONG OTHERS# ALL CASES INVOLVING
CONSTITUTIONAALITY OF ANY TREATY....
INCHONG V. HERNANDE&# THE RETAIL TRADE NATIONALI&M LAW WAS CHALLENGED ON THE GROUND OF
INTER ALIA THAT IT VIOLATED THE TREATY OF AMITY BETWEEN THE PHILIPPINES AND CHINA# THE UNITED
NATIONS CHARTER AND THE UNIVERSAL DECLARATION OF HUMAN RIGHTS. SC% BUT EVEN ASSUMING THAT
THE LAW INFRINGES UPON THE SAID TREATY# THE TREATY IS ALWAYS SUBJECT TO/UALIFICATIONS OR
AMENDMENT BY A SUBSE/UENT LAW# AND THE SAME MAY NEVER CURTAIL OR RESTRICT THE SCOPE OF
THE POLICE POWER OF THE STATE.
GON&ALE& V.HECHANOVA IL TREATIES AND E,ECUTIVE AGREEMENTS ARE E/UALLY BINDING
COMMITMENTS OF THE CONTRACTING STATES# SC HELD% ALTHOUGH THE PRES MAY# UNDER THE
AMERICAN CONSTITUTIONAL SYSTEM# ENTER INTO E.A. W0O PREVIOUS LEGISLATIVE AUTHORITY# HE MAY
NOT# BY E.A.# ENTER INTO A TRANSACTION W0C IS PROHIBITED BY STATUTES ENACTED PRIOR THERETO....
BASIS OF INTERNATIONAL LAW
. VOLUNTARY OBSERVED BY AN INTERNATIONAL COMMUNITY WHICH DOES NOT RECOGNI&E ANY POLITICAL
SUPERIOR AMONG ITS MEMBERS.
NATURALIST SCHOOL OF THOUGHT SAMUEL PUFENDORF
BASIS LAW OF NATURE
HIGHER LAW OR A RULE OF HUMAN CONDUCT INDEPENDENT OF POSITIVE ENACTMENT
NATURAL AND UNIVERSAL RINCIPLE OF RIGHT AND WRONG# INDEPENDENT OF ANY MUTUAL
INTERCOURSE OR COMPACT. USE OF REASON AND CONSCIENCE.
IL IS THEREFORE NOT A LAW BETWEEN BUT ABOVE STATES.
. POSITIVISTS RICHARD &OUCHE# WHO CONTEND THAT THE BINDING FORCE OF IL IS DERIVED FROM THE
AGREEMENT OF SOVEREIGN STATES TO BE BOUND BY IT.
LAW OF COORDINATION NOT SUBORDINATION.
E,PRESSED . CONVENTIONAL LAW
IMPLIED CUSTOMARY LAW
PRESUMED THE GENERAL PRINCIPLES OF LAW
. COMPROMISE POSITION ECLECTICS OR THE GROTIANS EMERICH DE VATTEL AND CHRISTIAN WOLFF .
BOTH THE LAW NATURE AND CONSENT OF STATES AS THE BASIS OF IL.
. GROTIUS FATHER OF IL BASED ON THE DICTATE OF RIGHT REASON AS WELL AS THE PRACTICE OF
STATES....VOLUNTARY LAW MIGHT BE SAID TO BLEND WITH THE NATURAL LAW...
. CONFLICT- LAW OF NATURE WILL PREVAIL BEING THE FUNDAMENTAL LAW.
SANCTIONS OF INTERNATIONAL LAW%WHAT IS IT THAT COMPELS OBEDIENCE TO ITS PRECEPTS-
1. THE COMPULSIVE FORCE OF RECIPROCAL ADVANTAGE AND FEAR OF RETALIATION
. A11234567 82 89: NORTH ATLANTIC FISHERIES ARBITRATION APPEAL TO PUBLIC OPINION# PUBLICATION OF
CORRESPONDENCE# CENSURE BY PARLIAMENTARY VOTE# DEMAND FOR ARBITRATION WITH THE ODIUM
ATTENDANT ON A REFUSAL TO ARBITRATE# RUPTURE OF RELATIONS# REPRISAL# ETC.
. REDOUND TO THE WELFARE OF THE WHOLE SOCIETY OF NATIONS.
2. THE NORMAL HABITS OF OBEDIENCE INGRAINED IN THE NATURE OF MAN AS A SOCIAL BEING.
AUTOMATICALLY AT TIMES.
3. THE RESPECT FOR WORLD OPINION HELD BY MOST STATES# OR THEIR DESIRE TO PROJECT AN AGREEABLE
PUBLIC IMAGE IN ORDER TO MAINTAIN THE GOODWILL AND FAVORABLE REGARD OF THE REST OF THE
FAMILY OF NATIONS.
+. THE CONSTANT AND REASONABLE FEAR ILLUSTRATED IN 1*;2 WHEN THE SOVIET UNION MADE A
DIPLOMATIC AND PHYSICAL RETREAT IN THE FACE OF A DETERMINED /UARANTINE ESTABLISHED BY THE
UNITED STATES AGAINST SHIPMENTS OF MISSILOES AND OTHER MUNITIONS TO CUBA.
$. THERE IS THE MACHINERY OF THE UNITED NATIONS WHICH# WITHIN THE SPHERE OF ITS LIMITED POWERS#
HAS ON MANY OCCASIONS PROVED TO BE AN EFFECTIVE DETERRENT TO INTERNATIONAL DISPUTES
CAUSED BY DISREGARD OF THE LAW OF NATIONS.
ENFORCEMENT OF INTERNATIONAL LAW
. VOLUNTARY NOT THE AUSTINIAN CONCEPT
OBSERVANCE ENFORCEMENT
IS ESSENTIALLY SUBJECTIVE AND IS THE PROCESS BY WHICH SUCH
MAINLY DEPENDENT ON THE
VOLITION
OBSERVANCE MAY BE
COMPELLED#
OF THE ENTITY WHICH IS SUPPOSED
USUALLY BY FORCE OR AT LEAST
THE
TO BE GOVERNED BY LAW. THREAT OF FORCE.
. STATES ARE ABLE TO ENFORCE %
1. INTERNATIONAL ORGANI&ATIONS OR REGIONAL GROUPS SUCH AS THE UNITED NATIONS AND THE
ORGANI&ATION OF AMERICAN STATES.
. FUNCTIONS E,ERCISED BY% THE UNITED NATIONS THROUGH
THE SECURITY COUNCIL AND
THE INTERNATIONAL COURT OF JUSTICE.
. AMICABLE METHODS SUCH AS DIPLOMATIC TAL"S OR HOSTILE MEASURES LI"E RETORSIONS AND
REPRISALS.
2. LEGISLATURE MAY IMPLEMENT SUCH RULES BY PRESCRIBING THE NORMS FOR THEIR OBSERVANCE AND
PROVIDING SPECIFIC PENALTIES FOR THEIR VIOLATION# AS WHEN IT LAYS DOWN THE PENAL LIABILITIES
FOR GENOCIDE OR FOR AN ATTAC" AGAINST A DIPLOMATIC REPRESENTATIVE.
3. E,ECUTIVE PARTICIPATES BY ENFORCING THE LAWS.
+. JUDICIARY BY APPLYING THE RULES OF INTERNATIONAL LAW E, PROPRIO VIGORE IN PROPER CASES..
FUNCTIONS OF IL
1. PRIMARY FUNCTION IS TO ESTABLISH PEACE AND ORDER IN THE COMMUNITY OF NATIONS AND TO
PREVENT THE EMPLOYMENT OF FORCE# INCLUDING WAR# IN ALL INTERNATIONAL RELATIONS.
2. IT STRIVES TO PROMOTE WORLD FRIENDSHIP BY LEVELING THE BARRIERS# AS OF COLOR OR CREED.
3. ENDEAVORS TO ENCOURAGE AND ENSURE GREATER INTERNATIONAL COOPERATION IN THE SOLUTION OF
COMMON PROBLEMS% <2=5851>=# :1262?51# 1@=8@3>= 23 9@?>658>35>6 19>3>18:3.
+. AIMS TO PROVIDE FOR THE ORDERLY MANAGEMENT OF THE RELATIONS OF STATES ON THE BASIS OF THE
SUBSTANTIVE RULES...
DISTINCTION WITH OTHER CONCEPTS
1. INTERNATIONAL MORALITY ETHICS EMBODIES THOSE PRINCIPLES W0C GOVERN THE RELATIONS OF STATES
FROM THE HIGHER STAND POINT OF CONSCIENCE# MORALITY# JUSTICE AND HUMANITY. SIMILAR TO LAW
OF NATURE.
. INTERNATIONAL COMITY REFERSTO THOSE RULES OF COURTESY OBSERVED BY STATES IN THEIR MUTUAL
RELATIONS.
2. INTERNATIONAL DIPLOMACY RELATES TO THE OBJECTS OF NATIONAL OR INTERNATIONAL POLICY..
. SATOW DEFINES THE APPLICATION OF INTELLIGENCE AND TACT TO THE CONDUCT OF OFFICIAL
RELATIONS BETWEEN INDEPENDENT STATES.
. JUS FECIALE THE LAW OF NEGOTIATIONS AND DIPLOMACY FECIAL COLLEGE OF THE OLD ROMAN
REPUBLIC.
3. INTERNATIONAL ADMINISTRATIVE LAW THAT BODY OF LAWS AND REGULATIONS# CREATED BY THE
ACTION OF INTERNATIONAL CONFERENCES OR COMMISSIONS WHICH REGULATE THE RELATIONS AND
ACTIVITIES OF NATIONAL AND INTERNATIONAL AGENCIES...BUREAU OF CUSTOMS# BIR ETC.
PRESENT STATEOF INTERNATIONAL LAW
IL ROOTED IN TRADITION
IL THUS REMAIN IN A STATE OF TRANSITION AS MAN"IND STRUGGLES TOWARD THE MILLENNIUM OF HARMONY AND
ORDER.
CHAPTER 2 SOURCES OF INTERNATIONAL LAW
ARTICLE 38 OF THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE
PRIMARY OR DIRECT SOURCES ARE%
1. TREATIES OR CONVENTIONS#
2. CUSTOMS AND
3. THE GENERAL PRINCIPLES.
SECONDARY OR INDIRECT SOURCES ARE%
1. THE DECISIONS OF COURTS
2. WRITINGS OF PUBLICISTS.
. E, AE/UO ET BONO RULE OF E/UITY
DIRECT SOURCE:
1. TREATIES PARTICULAR INTERNATIONAL LAW BINDING ONLY UPON THE SIGNATORIES LI"E PHIL AND
JAPAN BILATERAL TREATY.
. STANDARD OR E,TRADITION TREATIES
. GENERAL RULE MUST BE CONCLUDED BY A SI&ABLE NUMBER OF STATES
. LAWMA"ING TREATIES E,AMPLES%
PEACE OF WESTPHALIA OF 1;+8
THE CONGRESS OF VIENNA OF 181$
THE DECLARATION OF PARIS OF 18$;
THE GENEVA RED CROSS CONVENTION OF 18;+
THE UNITED NATIONS CHARTER OF 1*+$
2. CUSTOM 5A 628 56 B358567
. FENWIC" DEFIONED AS A PRACTICE WHICH HAS GROWN UP BETWEEN STATES AND HAS COME TO BE
ACCEPTED AS BINDING BY THE MERE FACT OF PERSISTENT USAGE OVER A LONG PERIOD OF TIME.
. E,AMPLES%
PRINCIPLE OF E,TERRITORIALITY PRACTICE OF GRANTING IMMUNITIES TO FOREIGN HEADS OF
STATES OR DIPLOMATS IN THE TERRITORY OF THE LOCAL STATE.
AFFIRMED AND EMBODIED IN TREATIES AND CONVENTIONS...
HAGUE CONVENTIONS OF 18** AND 1*07 BIND EVEN THOSE STATES WHICH HAVE NOT SIGNED
THESE CONVENTIONS.
. CUSTOM OVER USAGE...OPPENHEIM IS THE OLD MARITIME CEREMONIALS IN THE OPEN SEA WHICH#
ALTHOUGH GENERALLY OBSERVED BEFORE# WERE NEVERTHELESS NOT REGARDED AS COMPULSORY.
3. GENERAL PRINCIPLES OF LAW DERIVED FROM LAW OF NATURE AND ARE OBSERVED BY THE MAJORITY OF
THE STATES BECAUSE THEY BELIEVED TO BE GOOD AND JUST.
. CONCEPTS% PRESCRIPTION# ESTOPPEL# PACAT SUNT SERVANDA# CONSENT# AND RES JUDICATA.
. BASED ON REASON AND CONSCIENCE.
SECONDARY SOURCES
1. DECISIONS OF COURTS ART 38.
. FENWIC". UNDERTA"E TO ESTABLISH THE TRUE RU"LE OF IL.
. THIRTY HOGSHEAD OF SUGAR V. BOYLE# CHIEF JUSTICE JOHN MARSHALL OF THE U.S. SUPREME COURT
THE DECISIONS OF THE COURTS OF EVERY COUNTRY# SO FAR AS THEY ARE FOUNDED UPON A LAW
COMMON TO EVERY COUNTRY....NOT AS AUTHORITY# BUT WITH RESPECT.
. THE DOCTRINE OF STARE DECISIS NOT APPLICABLE..ONLY PERSUASIVE VALUE.
. ARTICLE $* OF THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE# THE DECISION OF THE COURT
HAS NO BINDING FORCE E,CEPT BETWEEN THE PARTIES AND IN RESPECT TO THAT PARTICULAR CASE.
2. WRITINGS OF PUBLICISTS
. FAIR# UNBIASED REPRESENTATION OF IL
. BY AC"NOWLEDGE AUTHORITY IN THE FIELD.
CHAPTER 3 THE INTERNATIONAL COMMUNITY
. THE BODY OF JURIDICAL ENTITIES WHICH ARE GOVERNED BY THE LAW OF NATIONS.
. GENERALLY RECOGNI&ED SUBJECTS OF IL%
UNITED NATIONS
THE VATICAN CITY
COLONIES AND DEPENDENCIES
MANDATES AND TRUST TERRITORIES
INTERNATIONAL ADMINISTRATIVE BODIES
BELLIGERENT COMMUNITIES
INDIVIDUALS
SUBJECT AND OBJECT DISTINGUISHED
. SUBJECT IS AN ENTITY THAT HAS RIGHTS AND RESPONSIBILITIES UNDER THE LAW.
. IT HAS AN INTERNATIONAL PERSONALITY . CAN DIRECTLY ASSERT RIGTHS AND BE HELD DIRECTLY
RESPONSIBLE UNDER THE LAW OF NATIONS
. IT HAS FACULTY OF MOTIVATION
. OBJECT IS THE PERSON OR THING IN RESPECT OF WHICH RIGHT ARE HELD AND OBLIGATIONS ASSUMED
BY THE STATE. STATES ASSUMES COLLECTIVE RESPONSIBILITY.
DEVELOPMENT OF INTERNATIONAL COMMUNITY
. THE PEACE OF WESTPHALIA OF 1;+8 SIGNALED THE BEGINNING OF MODERN OF IC.
. AMONG THE CHRISTIAN STATE OF EUROPE% CHARTER MEMBERS
ENGLAND# FRANCE# SPAIN# PORTUGAL# THE GERMAN CONFEDERATION# POLAND# ITALIAN CITIES#
HOLLAND AND SWIT&ERLAND
RUSSIA 1721 ADMITTED AS FAMILY OF NATIONS
AMERICAN REPUBLIC 1783
. NON CHRISTIAN MEMBER ' TREATY OF PARIS OF 18$; (
OTTOMAN EMPIRE CONCERT OF E@32<:!
P:3A5> JAPAN# CHINA# SIAM.
. BAL"AN STATES RECOGNI&ED AFTER THE WWI
. BALTIC STATES
. INDIA# EGYPT# AND OTHER ARABIAN STATES
. THE PAPACY# ITS TEMPORAL POWER REDUCED WITH ANNE,ATION OF ROME BY ITALY.
. ASIA AND AFRICA AFTER WWII
. PHIL ALLOWED TO PARTICIPATE EVEN BEFORE IT BECAME INDEPENDENT IN 1*+;
. INDONESIA# LAOS# CAMBODIA# MALAYSIA# BURMA CREATED SUBSE/UENTLY
. IN AFRICA# WITHDRAWAL OF EUROPEAN CONTROL RESULTED IN THE BIRTH AND ADMISSION OF THE
CONGO# TANGANYI"A# ALGERIA# UGANDA ETC.
STATES
. AS A GROUP OF PEOPLE LIVING TOGETHER IN A DEFINITE TERRITORY UNDER AN INDEPENDENT
GOVERNMENT ORGANI&ED FOR POLITICAL ENDS AND CAPABLE OF ENTERING INTO
INTERNATIONALRELATIONS.
. FAMILY OF NATIONS!
ELEMENTS OF STATES IN ORDER TO BE REGARDED AS A INTERNATIONAL PERSON%
A. VPEOPLE 'A PERMANENT POPULATION( REFERS TO HUMAN BEING LIVING WITHIN THE TERRITORY. THEY
SHOUD BE BOTH SE,ES AND SUFFICIENT IN NUMBER TO MAINTAIN AND PERPETUATE.
. "ELSEN . UNITY.
B. TERRITORY IS THE FI,ED PORTION OF THE SURFACE OF EARTH IN WHICH PEOPLE OF THE STATE RESIDE.
DEFINED TERRITORY IS NECESSARY FOR JURISDICTIONAL REASONS..
C. GOVERNMENT . AS THE AGENCY THROUGH THE WILL OF THE STATE MUST HAVE AN ENTITY.
D. SOVEREIGNTY THE POWER OF THE STATE TO DIRECT ITS OWN E,TERNAL AFFAIRS W0O INTERFERENCE...
. JESSUP SOVEREIGNTY IS THE /UIC"SAND ON WHICH THE FOUNDATIONS OF IL ARE BUILT.!
CAPACITY OF STATES
. RECOGNI&ATION IS A POLITICAL ACT.
. RESTRICTED CAPACITY OF THE STATE TO DISCHARGE I.OBLIGATIONS TREATY COMMITMENTS ETC.
. SWIT&ERLAND IN ELIGIBLE FOR MEMBERSHIP DUE TO ITS PERMANENT NEUTRALI&ATION...
. LIECHSTENSTEIN)S DENIED IN 1*20 DUE TO LIMITED SI&E# SMALL POPULATION# LAC" OF AN ARMY...
CLASSIFICATION OF STATES
. INDEPENDENT SIMPLE# COMPOSITE.
. DEPENDENT USUALLY E,EMPTED BY THE PROTECTORATE AND THE SU&ERAINTY..DO NOT HAVE FULL
CONTROL OF THEIR E,TERNAL AFFAIRS.
INDEPENDENT STATES
A. SIMPLE STATES PHIL AND NETHERLANDS. IS ONE WHICH IS PLACED UNDER A SINGLE AND CENTRALI&ED
GOVT.E,ERCISING BOTH ITS INTERNAL AND E,TERNAL AFFAIRS.
B. COMPOSITE STATES CONSIST OF TWO OR MORE STATES.
1. REAL UNION 2 OR MORE STATES ARE MERGED UNDER A UNIFIED AUTHORITY SO THAT THEY FORM A
SINGLE I.PERSON THROUGH W0C THEY ACT AS ONE ENTITY.
. NORWAY AND SWEDEN FROM 181$ TO 1*0$
. AUSTRIA AND HUNGARY FROM 18;7. 1*18
. EGYPT AND SYRIA RECENTLY
2. FEDERAL UNION OR FEDERATION IS A COMBINATION OF 2 OR MORE SOVEREIGN STATES W0C UPON
MERGER CEASE TO BE STATES.
. UNITED STATES
. GERMAN EMPIRE UNDER THE CONSTITUTION OF 1871
3. CONFEDERATION IS AN ORGANI&ATION OF STATES WHICH RETAIN THEIR INTERNAL SOVEREIGNTY#
E,TERNAL...
. GERMAN STATES 18;;
+. PERSONAL UNION COMES INTO BEING WHEN 2 OR MORE INDEPENDENT STATES ARE BROUGHT
TOGETHER UNDRE THE RULE OF SAME MONARCH.
. BELGIUM AND THE FORMER CONGO FREE STATE FROM 188$ TO 1*0$.
. PERSONAL UNIO C SIMPLE STATE
$. INCORPORATE UNION UNION OF 2 OR MORE STATES UNDER A CENTRAL AUTHORITY EMPOWERED TO
DIRECT BOTH INTERNAL AND E,TERNAL...
. UNITED "INGDOM OF GREAT BRITAIN AND NORTHERN IRELAND.
NEUTRALI&ED STATES
. AN INDEPENDENT STATE# WHETHER IT BE SIMPLE OR COMPOSITE# MAY BE NEUTRALI&ED THROUGH
AGREEMENT WITH OTHER STATES....
. SWIT&ERLAND 181$
. LAOS 1*$+ BY AGREEMENT AMONG 1+ STATES...
DEPENDENT SATES CATEGORIES%
. PROTECTORATE AND THE SU&ERAINTY . ALWAYS RETAINS A GREATER MEASURE OF CONTROL OVER ITS
E,TERNAL AFFAIRS.
1. THE UNITED NATIONS
. IS NOT A STATE OR A SUPERSTATE BUT A MERE ORGNI&ATION OF STATES.
. ENJOY CERTAIN PRIVILEGES AND IMMUNITIES# SUCH AS NON.SUABILITY# INVIOLABILITY OF ITS PREMISES
AND ARCHIVES# E,EMPTION FROM TA,ATION. IT HAS THE RIGHT OF LEGATION%E,. IT CAN SEND AND
RECEIVE DIPLOMATIC AGENTS# WHO POSSESS THE SAME RIGHTS ACCORDED REGULAR ENVOYS.
2. THE VATICAN CITY
. WITH THE ANNE,ATION OF THE PAPAL STATES BY ITALY IN1870# THE POSITION OF THE HOLY SEE AS AN
INTERNATIONAL PERSON BECAME ANOMALOUS.
. IN 1*28# ITALY AND THE VATICAN CONCLUDED THE LATERAN TREATY FOR THE PURPOSE OF ASSURING
TO THE HOLY SEE ABSOLUTE AND VISIBLE INDEPENDENCE AND OF GUARANTEEING TO IT ABSOLUTE AND
DISPUTABLE SOVEREIGNTY IN THE FIELD OF INTERNATIONAL REALTIONS.!
. FUNCTIONS IS NOT POLITICALD ECCLESIASTICAL.
3. COLONIES AND DEPENDENCIES
. COLONY OR A DEPENDENCY IS PART AND PARCEL OF THE PARENT STATE.
. IT HAS NO LEGAL STANDING IN THE FAMILY OF NATIONS.
. TREATY OF VERSAILLES INDIA WAS ALLOWED /UALIFIED MEMBERSHIP IN THE LEAGUE OF NATIONS AND
BECAME A CHARTER MEMBER OF THE UN.
. PHILIPPINES WAS A SIGNATORY OF THE UNIVERSAL POSTAL UNION CONVENTION IN 1*0;# THE
INTERNATIONAL SUGAR AGREEMENT IN 1*37# AND THE DECLARATION BY UNITED NATIONS IN 1*+$.
BEFORE IT BECAME INDEPENDENT IN 1*+;.
+. MANDATES AND TRUST TERRITORIES
. ESTABLISHED AFTER THE WW IN ORDER TO AVOID OUTRIGHT ANNE,ATION OF THEUNDERDEVELOPED
TERRITORIES TA"EN FROM THE DEFEATED POWERS...
. 3 "INDS OF TRUST TERRITORIES ARE PROVIDED FOR%
A. THOSE HELD UNDER MANDATE UNDER THE LEAGUE OF NATIONSD
B. THOSE TERRITORIES DETACHED FROM THE DEFEATED STATES AFTER WWIID
C. THOSE VOLUNTARILY PLACED UNDER THE SYSTEM BY THE STATES RESPONSIBLE FOR THEIR
ADMINISTRATION.
. STRATEGIC AREAS TRUSTEESHIP ARE AGREED UPON BY THE ADMINISTERING AUTHORITY WITH THE
SECURITY COUNCIL
. NON.STRATEGIC AREAS GENERAL ASSEMBLY
$. BELLIGERENT COMMUNITIES
. A PERSON OR COUNTRY WAGING WAR
. BELLIGERENCY THE ACT OR STATE OF WARFARE
. INCHOATIVE STATE . IT IS VESTED WITH FULL RIGHTS OF VISITATION# SEARCH AND SEI&URE OF
CONTRABAND ARTICLES ON THE HIGH SEAS# BLOC"ADE AND THE LI"E# AND IS HELD DIRECTLY
RESPONSIBLE FOR UNLAWFUL ACTS.
INTERNATIONAL ADMINISTRATIVE BODIES
. 2 CONDITIONS% STATES MAY BE VESTED WITH INTERNATIONAL PERSONALITY.
1. MAINLY NON.POLITICAL AND THAT THEY ARE AUTONOMOUS NOT SUBJECT TO THE CONTROL OF ANY
STATE.
INTERNATIONAL LABOR ORGANI&ATION
THE FOOD AND AGRICULTURE ORGANI&ATION
THE WORLD HEALTH ORGANI&ATION
THE INTERNATIONAL MONETARY FUND
. ENTER INTO AGREEMENTS WITH THE UNITED NATIONS# THROUGH ECONOMIC AND SOCIAL COUNCIL#
SUBJECT TO APPROVAL BY THE GENERAL ASSEMBLY.
EUROPEAN COMMISSION OF THE DANUBE
THE CENTRAL COMMISSION FOR THE NAVIGATION OF THE RHINE
. WHICH BOTH E,ERCISE LEGISLATIVE# ADMINISTRATIVE# JUDICIAL POWERS DIRECTLY APPLICABLE TO
INDIVIDUALS.
INDIVIDUALS
. IT IS HIS STATE WHOSE RIGHT I.E.# THE RIGHT TO HAVE ITS NATIONALS RESPECTED BY OTHER STATES.
HAS BEEN VIOLATED. HENCE# IT IS THE STATE OF THE INDIVIDUAL# AND NOT THE INDIVIDUAL HIMSELF#
THAT CAN BE A PROPER PARTY IN THE ASSERTION OF A CLAIM FOR DAMAGES.
. INDIVIDUAL IS THE BASIC UNIT OF SOCIETY.
1. THE UNITED NATIONS CHARTER REAFFIRMS FAITH IN FUNDAMENTAL HUMAN RIGHTS# IN THE DIGNITY
AND WORTH OF THE HUMAN PERSON# AND IN THE E/UAL RIGHTS OF MEN AND WOMEN#! AND
CONTAINS MANY PROVISION LOO"ING TO THE PROMOTION OF THESE RIGHTS.
2. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS# IN RECOGNITION OF THE INHERENT DIGNITY AND
OF THE E/UAL AND INALIENABLE RIGHTS OF ALL MEMBERS OF THE HUMAN FAMILY#! PROCLAIMS THE
BASIC INDIVIDUAL RIGHTS WHICH ALL NATIONS ARE CALLED UPON TO FOSTER.
3. A NUMBER OF TREATIES DIRECTLY CONFER RIGHTS UPON INDIVIDUALS AND AUTHORI&E THEM TO
BRING LAWSUITS AGAINST STATES BEFORE NATIONAL OR INTERNATIONAL TRIBUNALS FOR REDRESS
OF THE PRIVATE INTEREST VIOLATED. E,AMPLES ARE THE TREATY OF VERSAILLES# THE SO.CALLED
MINORITY TREATIES IN FAVOR OF RACIAL# RELIGIOUS AND LINGUISTIC MINORITIES# AND THE GERMAN.
POLISH CONVENTION REGARDING UPPER SILESIA.
+. STATES ARE OBLIGED TO MAINTAIN AN INTERNATIONAL STANDARD OF JUSTICE IN CONNECTIN WITH
THE TREATMENTS OF ALIENS WITHIN THEIR JURISDICTION# FAILING WHICH THEY MAY BE HELD LIABLE
IN DAMAGES FOR THE INJURY SUFFERED BY SUCH FOREIGNERS.
$. THE GENOCIDE CONVENTION CONDEMNS THE MASS E,TERMINATION OF NATIONAL# RACIAL OR
RELIGIOUS GROUPOS AS A CRIME UNDER INTERNATIONAL LAW AND MA"ES THE PERPETRATORS
THEREOF# STATES AS WELL AS INDIVIDUALS# SUBJECT TO PUNISHMENT.
;. THE NUREMBERG AND TO"YO WAR CRIMES TRIALS ATTACHED DIRECT RESPONSIBILITY TO
INDIVIDUALS FOR OFFENSES COMMITTED BY THEM IN VIOLATION OF THE LAW OF NATIONS# WHETHER
IT BE ON THEIR OWN RESPONSIBILITY OR ON BEHALF OF THEIR STATES.
7. PIRATES HAVE BEEN IMMEMORIALLY REGARDED AS HOSTES HUMANIS GENERIS EENEMIES OF THE
HUMAN RACEF AND ARE DIRECTLY AND INDIVIDUALLY PUNISHABLE FOR THEIR ACTS BY WHICHEVER
STATES MEY HAVE THEM IN CUSTODY.
8. CERTAIN LAWS OF WAR AND NEUTRALITY# SUCH AS THE RULES ON CARRIAGE OF CONTRABAND AND
BREACH OF BLOC"ADE# PROCEDURE BEFORE PRI&E COURTS# ESPIONAGE# TREATMENT OF THE SIC"
AND WOUNDED# AND THE RIGHTS OF PRISONERS OF WAR# DIRECTLY AFFECT THE INDIVIDUALS
THEMSELVES RATHER THAN THE STATES TO WHICH THEY BELONG.
*. THE HAGUE CONVENTION OF 1*30 LAYS DOWN SPECIFIC RULES INTENDED TO PREVENT OR MINIMI&E
THE ANOMALOUS CONDITION STATELESSNESS.
10. THE CONVENTION RELATING TO THE STATUS OF STATELESS PERSONS BESTOWS CERTAIN RIGHTS IN
FAVOR OF INDIVIDUALS WHO OTHERWISE# FOR LAC" OR LOSS OF NATIONALITY# CANNOT INVO"E THE
ASSITANCE OR PROTECTION OF ANY STATE.
11. THE DOCTRINE OF INCORPORATION MA"ES THE LAW OF NATIONS PART OF MUNICIPAL LAW# AND#
HENCE# DIRECTLY APPLICABLE TO THE INDIVIDUAL INHABITANTS OF THE STATE.
CHAPTER + THE UNITED NATIONS
. EMERGED OUT OF THE TRAVAIL OF WWII AS A SYMBOL OF MAN)S UNDISMAYED DETERMINATION TO
ESTABLISH FOR ALL NATIONS A RULE OF LAW THAT WOULD FOREVER BANISH THE TERRIBLE ARBITRAMENT
OF WAR IN THE SOLUTION OF INTERNATIONAL DISPUTES.
. WWI THAT THE FIRST CONCRETE STEP.... LEAGUE OF NATIONS..
. 1*3* SHATTERED
. 1*+; AFTER THE WAR# LEAGUE OF NATIONS DISSOLVED.
. 1
ST
FORMAL STEP TOWARD THE CREATION OF UNITED NATIONS WAS THE MOSCOW DECLARATION# SIGNED
BY THE REPRESENTATIVES OF CHINA# THE SOVIET UNION# THE U"# AND THE U.S. ON OCTOBER 30# 1*+3...
. 2
ND
DECEMBER OF THE SAME YEAR BY THE TEHERAN CONFERENCE.WHEREIN ROOSEVELT# CHURCHILL AND
STALIN AC"NOWLEDGE.
. INITIAL BLUEPRINT OF THE ORGANI&ATION DUMBARTON OA"S PROPOSALS CONFERENCE IN
WASHINGTON BY REP. OF U"# THE USSR AND THE US# CHINA. OCTOBER
1**+.
. CONFEREES AND FRANCE AS ITS PERMANENT MEMBERS.
. YALTA CONFERENCE IN CRIMEA FEB.11# 1*+$. VOTING.
. APRIL 2$# 1*+$ SAN FRANCISCO . THE CONFEREES CALLED A GENERAL CONFERENCE
. $0 NATIONS MET
. OCT.2+# 1*+$ CAME INTO FORCE# WITH THE FILLING OF THE INSTRUMENTS OF RATIFICATION BY THE
MEMBERS OF THE BIG FIVE AND A MAJORITY OF THE OTHER SIGNATORIES.
THE U.N. CHARTER
. 111 ARTICLES BESIDES THE PREAMBLE AND TEH CONCLUDING PROVISIONS.
. CHARTER MAY BE CONSIDERED A TREATY BECAUSE IT DERIVES ITS BINDING FORCE FROM THE
AGREEMENT OF THE PARTIES TO IT.
. MAY BE REGARDED AS CONSTITUTION IN SO FAR AS IT PROVIDES FOR THE ORGANI&ATION AND
OPERATIONS OF DIFFERENT ORGANS OF UN...
. ARTICLE 103 IN THE EVENT OF A CONFLICT BETWEEN THE OBLIGATIONS OF THE MEMBERS OF THE UN
UNDER THE PRESENT CHARTER AND THEIR OBLIGATIONS UNDER ANY OTHER INTERNATIONAL
AGREEMENT# THEIR OBLIGATIONS UNDER THE PRESENT CHARTER SHALL PREVAIL.
. AMENDMENTS TO THE CHARTER SHALL COME INTO FORCE FOR ALL MEMBERS OF THE UN WHEN THEY
HAVE BEEN ADOPTED BY A VOTE OF TWO.THIRDS OF THE MEMBERS OF THE GENERAL ASSEMBLY AND
RATIFIED IN ACCORDANCE WITH THEIR RESPECTIVE CONSTITUTIONAL PROCESSES BY TWO.THIRDS OF THE
MEMBERS OF THE UN# INCLUDING ALL THE PERMANENT MEMBERS OF THE SECURITY COUNCIL.
. A GENERAL CONFERENCE MAY ALSO BE CALLED BY MAJORITY VOTE OF THE GENERAL ASSEMBLY AND ANY
NINE MEMBERS OF THE SECURITY COUNCIL FOR THE PURPOSE OF REVIEWING THE CHARTER.
. AMENDMENTS MAY BE PROPOSED BY TWO.THIRDS VOTEOF THE CONFERENCE AND SHALL TA"E EFFECT
WHEN RATIFIED BY TWO.THIRDS OF THE MEMBERS OF THE UN# INCLUDING THE PERMANENT MEMBERS OF
THE SECURITY COUNCIL.
THE PREAMBLE TO THE CHARTER
WE THE PEOPLES OF THE UNITED NATIONS DETERMINED TO SAVE SUCCEEDING GENERATIONS FROM THE
SCOURGE OF WAR....
AND FOR THESE ENDS TO PRACTICE TOLERANCE AND LIVE TOGETHER IN PEACE WITH ONE ANOTHER AS GOOD
NEIGHBORS...
HAVE RESOLVED O COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS...
PURPOSES RAISON D)ETRE OF THE UN AND ARE THE AGGREGATION OF THE COMMON ENDSD E,PRESSED IN
ARTICLE 1...
PRINCIPLES# ARTICLE 2 OF THE CHARTER# DEAL WITH THE METHODS AND THE REGULATING NORMS ACCORDING TO
WHICH THE UN AND ITS MEMBERS SHALL DISCHARGE THEIR OBLIGATIONS AND ENDEAVOR TO ACHIEVE THEIR
COMMON ENDS. 7 CARDINAL PRINCIPLES%
1. THE ORGANI&ATION IS BASED ON THE PRINCIPLE OF THE SOVEREIGN E/UALITY OF ALL ITS MEMBERS.
2. ALL MEMBERS# IN ORDER TO ENSURE TO ALL OF THEM THE RIGHTS AND BENEFITS RESULTING FROM
MEMBERSHIP SHALL FULFILL IN GOOD FAITH THE OBLIGATIONS ASSUMED BY THEM IN ACCORDANCE WITH
THE PRESENT CHARTER.. PACTA SUNT SERVANDA. WHICH CALLS FOR THE OBSERVANCE OF TREATIES IN
GOOD FAITH.
3. ALL MEMBERS SHALL SETTLE THEIR INTERNATIONAL DISPUTES BY PEACEFUL MEANS IN SUCH A MANNER
THAT INTERNATIONAL PEACE AND SECURITY# AND JUSTICE# ARE NOT ENDANGERED.
+. ALL MEMBERS SHALL REFRAIN IN THEIR INTERNATIONAL RELATIONS FROM THE THREAT OR USE OF FORCE
AGAINST THE TERRITORIAL INTEGRITY OR POLITICAL INDEPENDENCE OF ANY STATE# ORIN ANY OTHER
MANNER INCONSISTENT WITH THE PURPOSES OF THE UNITED NATIONS. MOST IMPT PRINCIPLE OF UN.
$. ALL MEMBERS SHALL GIVE THE UN EVERY ASSISTANCE IN ANY ACTION IT TA"ES IN ACCORDANCE WITH THE
PRESENT CHARTER# AND SHALL REFRAIN FROM GIVING ASSISTANCE TO ANY STATE AGAINST WHICH THE
UN IS TA"ING PREVENTIVE OR ENFORCEMENRT ACTION.
;. THE ORGANI&ATION SHALL ENSURE THAT STATES WHICH ARE NOT MEMBERS OF THE UNITED NATIONS ACT
IN ACCORDANCE WITH THESE PRINCIPLES SO FAR AS MAY BE NECESSARY FOR THE MAINTENANCE OF
INTERNATIONAL PEACE AND SECURITY. . TREATIES ARE USUALLY BINDING ONLY ON THE SIGNATORIES.
7. NOTHING CONTAINED IN THE PRESENT CHARTER SHALL AUTHORI&E THE UN TO INTERVENE IN MATTERS
WHICH ARE ESSENTIALLY WITHIN THE DOMESTIC JURISDICTION OF ANY STATE OR SHALL RE/UIRE THE
MEMBERS TO SUBMIT SUCH MATTERS TO SETTLEMENT UNDER THE PRESENT CHARTERD BUT THIS
PRINCIPLE SHALL NOT PREJUDICE THE APPLICATION OF ENFORCEMENT MEASURES UNDER CHAPTER VII.
. DOMESTIC JURISDICTION CLAUSE
MEMBERSHIP
2 "INDS
. THE ORIGINAL AND THE ELECTIVE
. ORIGINAL# OTHER MEMBERS MAY BE ADMITTED TO THE UN BY DECISION OF THE GENERAL ASSEMBLY
SECURITY COUNCIL
1. IT MUST BE A STATE.
2. IT MUST BE PEACE.LOVING.
3. IT MUST ACCEPT THE OBLIGATIONS OF THE CHARTER.
+. IT MUST BE ABLE TO CARRY OUT THESE OBLIGATIONS.
$. IT MUST BE WILLING TO CARRY OUT THESE OBLIGATIONS.
CAN THE GENERAL ASSEMBLY ADMIT AN APPLICANT FOR MEMBERSHIP W0O FAVORABLE RECOMMENDATION OF THE
SECURITY COUNCIL-
ARTICLE +# 2...THE ADMISSION OF ANY SUCH STATE TO MEMBERSHIP IN THE UN WILL BE EFFECTED BY A DECISION
OF THE GENERAL ASSEMBLY UPON THE RECOMMENDATION OF THE SECURITY COUNCIL.
REMEDY 0 RELIEF OF MEMBERS%
1. SUSPENSION OF MEMBERS FROM THE E,RECISE OF ITS RIGHTS AND PRIVILEGES.
. PREVENT IT FROM PARTICIPATING IN THE MEETINGS OF THE GENERAL ASSEMBLY OR FROM BEING ELECTED
TO OR CONTINUING TO SERVE IN THE SECURITY COUNCIL# THE ECONOMIC AND SOCIAL COUNCIL OR THE
TRUSTEESHIP COUNCIL.
. STILL SUBJECT TO DISCHARGE OF ITS OBLIGATIONS UNDER THE CHARTER...
2. E,PULSION OF MEMBERS MAY BE E,PELLED BY 203 OF THOSE PRESENT AND VOTING IN THE GENERAL
ASSEMBLY UPON THE RECOMMENDATION OF THE SECURITY COUNCIL BY A /UALIFIED MAJORITY VOTE.
3. WITHDRAWAL OF MEMBERS NO PROVISION INCLUDED BECAUSE THE FEAR THAT IT MIGHT ENCOURAGE
SUCCESSIVE WITHDRAWALS THAT WOULD WEA"EN THE ORGANI&ATION.
ORGANS OF THE UN
; PRINCIPAL ORGANS OF THE UN%
>( THE GENERAL ASSEMBLY
G( THE SECURITY COUNCIL
1( THE ECONOMIC AND SOCIAL COUNCIL
4( THE TRUSTEESHIP COUNCIL
:( THE INTERNATIONAL COURT OF JUSTICE
H( THE SECRETARIAT
SUBSIDIARY ORGANS CREATED BY OR IN ACCORDANCE WITH THE CHARTEE%
1. THE MILITARY STAFF COMMITTEE
2. THE INTERNATIONAL LAW COMMISSION
3. THE COMMISSION ON HUMAN RIGHTS
SPECIALI&ED AGENCIES WHICH ARE NOT PART OF THE UN%
1. WORLD HEALTH ORGANI&ATION
2. THE INTERNATIONAL MONETARY FUND
3. THE TECHNICAL ASSISTANCE BOARD
A. THE GENERAL ASSEMBLY IS THE MOST REPRESENTATIVE OF THE ORGANS OF THE UN.
FUNCTIONS%
1. DELIBERATIVE SUSPENSION# E,PULSION# WITHDRAWAL
2. SUPERVISORY
3. FINANCIAL
+. ELECTIVE
$. CONSTITUTUENT# SUCH AS THE ADMISSION OF MEMBERS AND THE AMENDMENT OF THE CHARTER OF
THE UN.
B. THE SECURITY COUNCIL THE "EY ORGAN OF THE UN IN THE MAINTENANCE OF INTERNATIONAL PEACE AND
SECURITY IS THE SECURITY COUNCIL. $ PERMANENT MEMBERS AND 10 ELECTIVE MEMBERS.
BIG FIVE%
1. CHINA
2. FRANCE
3. THE UNITED "INGDOM
+. RUSSIA
$. UNITED STATES
YALTA FORMULA CRIMEA CONFERENCE VOTING IN THE SECURITY COUNCIL. IS TO ENSURE THE UNITY OF
THE PERMANENT MEMBERS IN THE MEMBERS IN THE MEASURES TO BE TA"EN IN THE PURSUIT OF ITS
PRIMARY FUNCTION OF MAINTAINING INTERNATIONAL PEACE AND SECURITY.
ARTICLE 27 OF THE CHARTER.
ACCORDING TO THIS FORMULA# EACH MEMBER SHALL HAVE ONE VOTE. BUT DISTINCTION IS MADE
BETWEEN THE BIG FIVE AND THE NON.PERMANENT MEMBERS..
PROCEDURAL MATTERS AFFIRMATIVE VOTE OF ANY * OR MORE MEMBERS
NON. PROCEDURAL RE/UIRES THE CONCURRENCE OF ALSO * MEMBERS INCLUDING ALL THE
PERMANENT MEMBERS.
PACIFI SETTLEMENT BIG FIVE ONLY
VETO ENABLEA PERMANENT MEMBER TO CAST NON PROCEDURAL /UESTION...
DOUBLE VETO CAN DISAPPROVE ANY PROPOSAL
C. THE ECONOMIC AND SOCIAL COUNCIL 18 MEMBERS 27 BY THE AMENDMENTS TO THE CHARTER
ADOPTED IN 1*;$. $+ BY AMENDMENTS ADOPTED IN 1*71.
1. HIGHER STANDARDS OF LIVING# FULL EMPLOYMENT# AND CONDITIONS OF ECONOMIC AND SOCIAL
PROGRESS AND DEVELOPMENTD
2. SOLUTIONS OF INTERNATIONAL ECONOMIC# SOCIAL# HEALTH AND RELATED PROBLEMS# AND
INTERNATIONAL# CULTURAL AND EDUCATIONAL COOPERATIOND
3. UNIVERSAL RESPECT FOR# AND OBSERVANCE OF# HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FOR
ALL WITHOUT DISTINCTION AS TO RACE# SE,# LANGUAGE OR RELIGION.
D. THE TRUSTEESHIP COUNCIL OBSELETE
E. THE INTERNATIONAL COURT OF JUSTICE THE JUDICIAL ORGAN OF THE UN IS THE ICJ# WHICH FUNCTIONS
IN ACCORDANCE WITH THE STATUTE. 1$ MEMBERS WHO ARE ELECTED BY ABSOLUTE MAJORITY VOTE IN
THE GENERAL ASSEMBLY AND THE SECURITY COUNCIL.
. FUNCTIOS OF THE COURT ARE TO DECIDE CONTENTIOUS CASES AND TO RENDER ADVISORY OPINIONS.
. OPTIONAL JURISDICTION CALUSE ARTICEL 3! JURISDICTION OF THE COURT IS BASED ON CONSENT
OF THE PARTIES AS MANIFESTED UNDER THE OPTIONAL JURISDICTION CALUSE# ARTICEL 3;.
F. THE SECRETARIAT . THE CHIEF ADMINISTRATIVE ORGAN OF THE UNITED NATIONS IS THE SECRETARIAT#
WHICH IS HEADED BY THE SECRETARY.GENERAL. FI,ED AT $ YEARS.
.DUTY.
1. TO BRING TO THE ATTENTION OF THE SECURITY COUNCIL ANY MATTER WHICH IN HIS OPINION MAY
THREATEN INTERNATIONAL PEACE AND SECURITY.
2. ACTS AS SECRETARY IN ALL MEETINGS OF THE GENERAL ASSEMBLY# THE SECURITY COUNCIL# THE ECONOMIC
AND SOCIAL COUNCIL AND THE TRUSTEESHIP COUNCIL AND PERFORMS SUCH OTHER FUNCTIONS AS MAY BE
ASSIGNED TO HIM BY THESE ORGANS.
3. HE PREPARES THE BUDGET OF THE UN FOR SUBMISSION TO THE GENERAL ASSEMBLY# PROVIDES TECHNICAL
FACILITIES TO THE DIFFERENT ORGANS OF THE ORGANI&ATION# AND IN GENERAL COORDINATES ITS VAST
ADMINISTRATIVE MACHINERY.
CHAPTER $ THE CONCEPT OF THE STATE
. AS THE BASIC UNIT OF THE INTERNATIONAL COMMUNITY
. STATE IS THE PRINCIPAL SUBJECT OF IL
CREATION OF THE STATE
METHODS BY WHICH THIS STATUS IS AC/UIRED%
1. REVOLUTION . UNITED STATES WAS CREATED AS A RESULT OF THE REVOLUTION AGAINST BRITISH RULE
OF THE 13
TH
ORIGINAL COLONIES THAT FIRST FORMED A CONFEDERATION IN 1781 AND THEN A
FEDERATION IN 178*.
2. UNIFICATION . PRINCIPLE OF NATIONALITIES! THE STATE OF ITALY GREW OUT OF THE UNIFICATION OF
THE INDEPENDENT CITY STATES OF SARDINIA# FLORENCE# NAPLES# ROME AND OTHERS IN 1870...
3. SECESSION 1*71 BANGLADESH BECAME SEPARATE STATE WHEN IT SECEDED FROM PA"ISTAN.
+. ASSERTION OF INDEPENDENCE E,. PHILIPPINES# # WHICH BECAME A STATE BY ASSERTION OF ITS
INDEPENDENCE FOLLOWING THE FORMAL WITHDRAWAL THEREFROM OF AMERICAN SOVEREIGNTY IN
1*+;.
$. AGREEMENT AND
;. ATTAINMENT OF CIVILI&ATION . JAPAN IS THE BEST E,AMPLE.
THE PRINCIPLE OF STATE CONTINUITY
. JURISTIC BEING
. THE CONTINUITY OF STATE LIFE IS ALSO NOT IMPAIRED BY CHANGES IN THE FORM OF GOVERNMENT# AS
WHEN A REPUBLIC IS CONVERTED INTO A TOTALITARIAN REGIME# OR BY REPLACEMENT OF THE CHIEF OF
STATE EVEN THROUGH VIOLENT METHODS.
. PRINCIPLE OF STATE CONTINUITY WAS APPLIED IN THE FAMOUS SAPPHIRE CASE.
. ONLY STATE SUBJECT TO IL.
E,TINCTION OF THE STATE
E,AMPLE%
1. THE POPULATION MAY BE COMPLETELY WIPED OUT BY AN EPIDEMIC OR THERMONUCLEAR E,PLOSION
2. IT MAY EMIGRATE EN MASSE
3. ANARCHY OF GOVERNMENT
+. STATE MAY MERGE WITH ANOTHER STATE
$. FEDERATION IT MAY BE BRO"EN UP
;. DISSOLVED BY THE WITHDRAWAL OF ALL ITS MEMBERS.
7. INDEPENDENT STATE THAT BECOMES DEPENDENT
SUCCESSION OF STATES
. E,TINGUISHED OR IS CREATED AS A RESULT OF ANY OF THE METHODS.
. TA"ES PLACE WHEN ONE STATE ASSUMES THE RIGHTS AND SOME OF THE OBLIGATIONS OF ANOTHER
BECAUSE OF CERTAIN CHANGES IN THE CONDITION OF THE LATTER. MAY BE EITHER UNIVERSAL OR
PARTIAL.
. UNIVERSAL SUCCESSION WHEN A STATE IS ANNE,ED TO ANOTHER STATE.
. PARTIAL TA"ES PLACE WHEN A PORTION OF THE TERRITORY OF A STATE SECEDES OR IS CEDED TO
ANOTHER OR WHEN AN INDEPENDENT STATE BECOMES A PROTECTORATE OR A SU&ERAINTY OR WHEN A
DEPENDENT STATE AC/UIRES FULL SOVEREIGNTY.
CONSE/UENCE OF STATE SUCCESSION
. ALLEGIANCE OF THE INHABITANTS OF THE PREDECESSOR STATE IN THE TERRITORY AFFECTED IS
TRANSFERRED TO THE SUCCESSOR STATE.
. POLITICAL LAWS OF THE FORMER SOVEREIGN ARE AUTOMATICALLY ABROGATED.
. NON.POLITICAL LAWS ARE DEEMED CONTINUED UNLESS CHANGE.
. ARTICLE ,VII# SECTION 1'3( OF THE 1*3$ CONSTITUTION ASSUMED DEBTS
. TREATY OF PARIS OF DECEMBER 10# 18*8 U.S. DID NOT ASSUME THE DEBTS PERTAINING TO THE
PHILIPPINES ISLANDS AT THE TIME OF ITS CESSION.
SUCCESSION OF GOVERNMENTS
. WHERE ONE GOVERNMENT REPLACES ANOTHER EITHER PEACEFULLY OR BY VIOLENT METHODS.
. RE% OBLIGATIONS IS MADE ACCORDING TO THE MANNER OF THE ESTABLISHMENT OF THE NEW
GOVERNMENT.
. RE% RIGHTS INHERITED IN TOTO BY THE SUCCESSOR GOVERNMENT.
. IF THROUGH VIOLENCE# AS BY REVOLUTION# LAWFULLY REJECT THE PURELY PERSONAL OR POLITICAL
OBLIGATIONS BUT NOT THOSE CONTRACTED BY IT IN THE ORDINARY COURSE OF OFFICIAL BUSINESS.
. E,. THE COST OF ARMS PURCHASED BY THE OLD GOVT FOR USE AGAINST THE REBELS CANNOT BE
CHARGED AGAINST THE NEW GOVT.
. E,. THE SUCCESSOR GOVT MAY BE HELD TO THE PAYMENT OF POSTAL MONEY ORDERS PURCHASED BY AN
INDIVIDUAL FROM THE GOVT IT HAS REPLACED.
CHAPTER ; RECOGNITION
. EVEN IF AN ENTITY HAS ALREADY AC/UIRED THE ELEMENTS OF I.PERSONALITY...
2 "INDS OF AC"NOWLEDGMENT%
1. DECLARATORY ARE REFLECTIVE OF THE MAJORITY THEORY... ALREADY POSSESSES THE STATUS OF AN
INTERNATIONAL PERSON.
. RECOGNITION IS HIGHLY POLITICAL AND DISCRETIONARY.
2. CONSTITUTIVE THE MINORITY VIEW IT IIS THE LAST INDISPENSABLE ELEMENT THAT CONVERTS OR
CONSTITUTES ENTITY BEING RECOGNI&ED INTO AN INTERNATIONAL PERSON.
. MANDATORY AND LEGAL.
. PHILIPPINES PRESIDENT WHO DETERMINES...
OBJECT OF RECOGNITION
. RECOGNITION MAY BE E,TENDED TO A STATE# TO A GOVERNMENT# OR TO A BELLIGERENT COMMUNITY.
. HELD TO BE IRREVOCABLE.
"INDS OF RECOGNITION
1. E,PRESS
2. IMPLIED
THE ACT CONSTITUTING RECOGNITION SHALL GIVE A CLEAR INDICATION OF AN INTENTION%
1. TO TREAT WITH THE NEW STATE AS SUCH
2. TO ACCEPT THE NEW GOVT AS HAVING AUTHORITY TO REPRESENT THE STATE IT PURPORTS TO GOVERN
AND TO MAINTAIN DIPLOMATIC RELATIONS WITH IT.
3. TO RECOGNI&E IN THE CAESOF INSURGENTS THAT THEY ARE ENTITLED TO E,ERCISE BELLIGERENT
RIGHTS.
RECOGNITION OF STATES
. IS THE FREE ACT BY WHICH ONE OR MORE STATES AC"NOWLEDGE THE E,ISTENCE ON A DEFINITE
TERRITORY OF A HUMAN SOCIETY POLITICALLY ORGANI&ED...
. CREATES INTERNATIONAL RELATIONSHIP
. RIGHTS AND PRIVILEGES
RECOGNITION OF GOVERNMENT
. IS THE FREE ACT BY WHICH ONE OR SEVERAL STATES AC"NOWLEDGE THAT A PERSON OR A GROUP OF
PERSONS IS CAPABLE OF BINDING THE STATE WHICH THEY CLAIM TO REPRESENT AND WITNESS THEIR
INTENTION TO ENTER INTO RELATIONS WITH THEM.
. RECOGNITION OF GOVT DECIDED MAINLY ON THE BASIS OF POLITICAL CONSIDERATIONS.
. PREMATURE RECOGNITION MAY LEAD TO INTERNATIONAL MISUNDERSTANDING IF THE NEW GOVT HAS
BEEN ESTABLISHED THROUGH VIOLENT METHODS.
. DE JURE GOVT BY RIGHT OR LAWFUL AUTHORITY.
. DE FACTO GOVT ONE WHICH MAINTAINS ITSELF BY FORCE.
. 3 "INDS OF DE FACTO GOVT
. 1. RISE IN REVOLT. E,. THE COMMONWEALTH ESTABLISHED BY OLIVER CROMWELL WHICH SUPPLANTED
THE MONARCHY UNDER CHARLES I OF ENGLAND.
. 2. ESTABLISHED BY COURSE OF WAR..E,. THE JAPANESE OCCUPATION GOVT IN THE PHILIPPINES WHICH
REPLACED THE COMMONWEALTH GOVT DURING WWII.
. 3. THAT WHICH IS ESTABLISHED BY THE INHABITANTS OF A STATE WHO SECEDE THEREFROM W0O
OVERTHROWING ITS GOVT.E,. THE CONFEDERATE GOVT DURING THE AMERICAN CIVIL WAR WHICH#
HOWEVER# DID NOT SEE" TO DEPOSE THE UNION GOVT.
. 1. TOBAR OR WILSON PRINCIPLE . TREATY OF THE CENTRAL AMERICAN REPUBLICS IN 1*07
. 2. STIMSON PRINCIPLE RESULT OF E,TERNAL AGGRESSION.
. 3. ESTRADA DOCTRINE . THE ME,ICAN GOVT DECLARED TAHT IT WOULD# AS IT SAW FIT# CONTINUE OR
TERMINATE ITS RELATION WITH ANY COUNTRY IN WHICH A POLITICAL UPHEAVAL HAD TA"EN PLACE...
. OBJECTIVE TEST
. SUBJECTIVE TEST . MAY BE EMPLOYED FOR THE PURPOSE OF JUSTIFYING THE WITHOLDING OF
RECOGNITION FROM A GOVT THAT IS POLITICALLY UNACCEPTABLE.
. 1. RECOGNITION DE JURE IS RELATIVELY PERMANENTD DE FACTO IS PROVISIONAL.
. 2. DE JURE VEST TITLE IN THE GOVT TO ITS PROPERTIES ABROADD DE FACT DOES NOT.
. 3. DE JURE FULL DIPLOMATIC RELATIONSD DE FACTO IS LIMITED TO CERTAIN JURIDICAL RELATIONS.
EFFECT OF RECOGNITIONOF STATES AND GOVERNMENT
1. FULL DIPLOMATIC RELATIONS ARE ESTABLISHED E,CEPT WHERE THE GOVERNMENT RECOGNI&ED IS DE
FACTO.
2. THE RECOGNI&ED STATE OR GOVERNMENTAC/UIRES THE RIGHT TO SUE IN THE COURTS OF THE
RECOGNI&ING STATE.
. STATE CAN FILE SUITIN THE STATE BUT CANNOT BE SUED E,CEPT WITH CONSENT.
. DOCTRINE OF STATE IMMUNITY
3. THE RECOGNI&ED STATE OR GOVERNMENT HAS A RIGHT TO THE POSSESSION OF THE PROPERTIES OF ITS
PREDECESSOR IN THE TERRITORY OF THE RECOGNI&ING STATE.
+. ALL ACTS OF THE RECOGNI&ED STATE OR GOVT ARE VALIDATED RETROACTIVELY# PREVENTING THE
RECOGNI&ING STATE FROM PASSING UPON THEIR LEGALITY IN ITS OWN COURTS.
. OETJEN V# CENTRAL LEATHER CO. RECOGNITION RETROACT.
RECOGNITON OF BELLIGERENCY
. WHEN THE INHABITANTS OF A STATE RISE UP IN ARMS FOR THE PURPOSE OF OVERTHROWING THE
LEGITIMATE GOVERNMENT.
. INSURGENCY . INITIAL STAGE OF BELLIGERENCY.
. INSURGENCY IS DIRECTED BY MILITARY AUTHORITIES
. INSURGENCY NOT RECOGNI&ED.
FORMAL RECOGNITION OF THE BELLIGERENT COMMUNITY%
1. THERE MUST BE AN ORGANI&ED CIVIL GOVT DIRECTING THE REBEL FORCES.
2. THE REBELS MUST OCCUPY A PORTION OF THE TERRITORY OF THE STATE.
3. THE CONFLICT BETWEN THE LEGITIMATE GOVT. AND THE REBELS MUST BE SERIOUS# MA"ING THE
OUTCOME UNCERTAIN.
+. THE REBELS MUST BE WILLING AND ABLE TO OBSERVE THE LAWS OF WAR.
CONSE/UENCES OF RECOGNITION OF BELLIGERENCY
1. W9:3: 89: 3:127658526 5A :I8:64:4 H23 89534 A8>8:A# 89: >G2J: 126A:K@:61:A >3: :L:185J: 26=M >A 82 89:?
>64 42 628 G564 289:3 A8>8:A 628 :I8:64567 3:127658526.
2. U<26 3:127658526 GM 89: <>3:68 A8>8:# 89: G:==57:3:68 12??@658M 5A 126A54:3:4 > A:<>3>8: A8>8: H23
<@3<2A:A 2H 89: 126N518 58 5A B>7567 >7>56A8 89: =:7585?>8: 72J:36?:68.
CHAPTER 7 THE RIGHT OF E,ISTENCE AND SELF.DEFENSE
. NO RECOGNITION IS NECESSARY IN SELF.DEFENSE
. BEST DEFENSE IS OFFENSE! PRINCIPLE ' FIRST MOVE IN MA"ING DEFENSE (
. STATE RIGHTS%
RIGHT OF E,ISTENCE AND SELF.DEFENSE MOST IMPORTANT
THE RIGHT OF SOVEREIGNTY AND INDEPENDENCE
THE RIGHT OF E/UALITY
THE RIGHT OF PROPERTY AND JURISDICTION
THE RIGHT OF LEGATION OR DIPLOMATIC INTERCOURSE
.THE RIGHT OF SELF.DEFENSE HAS BEEN E,PRESSLY AC"NOWLEDGED%
F CHARTER OF THE UN
F THE DRAFT DECLARATION OF THE RIGHTS AND DUTIES OF STATES PREPAREDVBY THE IL CONNISSION AT THE
RE/UEST OF THE GENERAL ASSEMBLY...
F EVERY STATE HAS THE RIGHT OF INDIVIDUAL OR COLLECTIVE SELF.DEFENSE.
RE/UISITES OF RIGHT
. ART $1 OFTHE CHARTER OF UNITED NATIONS . NOTHING IN THE PRESENT CHARTER SHALL IMPAIR THE
INHERENT RIGHT OF INDIVIDUAL OR COLLECTIVE SELF.DEFENSE IF ANY ARMED ATTAC" OCCURS AGAINST
A MEMBER OF THE UN# UNTIL THE SECURITY COUNCIL HAS TA"EN THE MEASURES NECESSARY FOR THE
MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY.
. ARMED ATTAC"! A NECESSITY OF SELF.DEFENSE INSTANT#OVERWHELMING AND LEAVING NO CHOICE
OF MEANS AND NO MOMENT FOR DELIBERATION.!
. LIMITED BY THE NECESSITY AND "EPT CLEARLY WITHIN IT.!
THE CUBAN MISSILE CRISIS
. 1*;2
. THE PEACE OF THE WORLD AND THE SECURITY OF THE US ENDANGERED NOT BY REASON OF THE
ESTABLISHMENT BY THE SINO.SOVIET POWERS OF AN OFFENSIVE MILITARY CAPABILITY IN CUBA#
INCLUDING BASES FOR BALLISTIC MISSILES WITH A POTENTIAL RANGE COVERING MOST OF NORTH AND
SOUTH AMERICA!
. PUT UP A BLOC"ADE NOT ALLOWING VESSELS TO PROCEED TO CUBA.
REGIONAL ARRANGEMENTS
. COLLECTIVE SELF.DEFENSE IS RECOGNI&ED % ART.$1 OF THE CHARTER OF UN# ART.VII ON REGIONAL
ARRANGEMENTS.
. ART.$2# SEC.1 ...REGIONAL ARRANGEMENTS. E,. THE ORGANI&ATION OF AMERICAN STATES# WHOSE
ORGAN OF CONSULATATION AUTHORI&ED OR RATIFIED THE ACTION TA"EN BY THE UNITED STATES IN THE
CUBAN CRISIS.
. NATO ART.$ OF THE NORTH ATLANTIC TREATY ORGANI&ATION...WILL ASSIST THE PARTY OR PARTIES SO
ATTAC"ED BY ATTAC"ING FORTHWITH...
THE BALANCE OF POWER BASED ON FUNDAMENTAL RIGHT OF SELF.DEFENSE
. AN ARRANGEMENT OF AFFAIRS SO THAT NO STATE SHALL BE IN A POSITION TO HAVE ABSOLUTE
MASTERY AND DOMINION OVER OTHERS.!
. THE CONGRESS OF VIENNA OF 181$
. THE CRIMEAN WAR OF 18$+
. THE CONGRESS OF BERLIN OF 1878
. THE TRIPLE ALLIANCE AND THE TRIPLE ENTENTE BEFORE WWI
. GROUPINGS BETWEEN THE ALLIED AND A,IS POWERS DURING WWII
AGRESSION DEFINED
. DEFINITION OF AGGRESSION ADOPTED BY THE U.N. GENERAL ASSEMBLY ON DECEMBER 1+# 1*7+%
. ART.1 AGGRESSION IS THE USE OF ARMED FORCE BY A STATE AGAINST THE SOVEREIGNTY....
. ART.2 . ...SHALL CONSTITUTE PRIMA FACIE EVIDENCE...
. ART..3 /UALIFY AS AN ACT OF AGGRESSION.ART.2
A. ...ANY MILITARY OCCUPATION# HOWEVER TEMPORARY# RESULTING FROM SUCH INVASION OR ATTAC"
OR ANY ANNE,ATION BY THE USE OF FORCE OF THE TERRITORY OF ANOTHER STATE OR PART...
B. BOMBARDMENT BY THE ARMED FORCES OF A STATE AGAINST THE TERRITORY OF ANOTHER STATE...
C. THE BLOC"ADE OF THE PORTS OR COASTS OF A STATE BY THE ARMED FORCES OF ANOTHER STATE
D. AN ATTAC" BY THE ARMED FORCES OF A STATE ON THE LAND# SEA OR AIR FORCES# OR MARITIMEAND
AIR FLEETS OF ANOTHER STATES
E. THE USE OF ARMED FORCES OF ONE STATE WHICH WITHIN THE TERRITORY OF ANOTHER STATE WITH
THE AGREEMENT OF THE RECEIVING STATE...
F. THE ACTION OF A STATE IN ALLOWING ITS TERRITORY# WHICH IT HAS PLACED AT THE DISPOSAL OF
ANOTHER STATE# TO BE USED BY THAT OTHER STATE FOR PERPETRATING AN ACT OF AGGRESSION
AGAINST A THIRD STATE. 'MOST APPLICABLE WHEN US O VIETNAM(.
G. THE SENDING BY OR ON BEHALF OF A STATE OF ARMED FORCE AGAINST ANOTHER STATE OF SUCH
GRAVITY AS TO AMOUNT TO THE ACTS LISTED ABOVE# OR ITS SUBSTANTIAL INVOLVEMENT THEREIN.
. ART.+ ACTS...E,HAUSTIVE AND THE SECURITY COUNCL MAY DETERMINE THAT OTHER ACTS CONSTITUTE
AGGRESSION...
. ART.$ NOTES% PUNISHHED BOTH STATE AND THE GENERALS0 SOLDIERS...LIABLE TO PAY REPARATION OR
DAMAGES.
. ART.; .
. ART.7 . ...ANY WAY PREJUDICE THE RIGHT OF SELF.DETERMINATION.
. ART. 8 . ...SHOULD BE CONSTRUED IN THE CONTE,T OF OTHER PROVISION.
CHAPTER 8 THE RIGHT OF INDEPENDENCE
. SOVEREIGNTY IS THE SUPREME# UNCONTROLLABLE POWER INHERENT IN A STATE IS GOVERNED
. 2 ASPECTS% INTERNAL AND E,TERNAL
1. INTERNAL REFERS TO THE POWER OF THE STATE TO DIRECT ITS DOMESTIC AFFAIRS# AS WHEN IT
ESTABLISHES ITS GOVERNMENT# ENACTS LAWS FOR OBSERVANCE WITHIN ITS TERRITORY OR ADOPTS
ECONOMIC POLICIES.
2. E,TERNAL 0 INDEPENDENCE SIGNIFIES THE FREEDOM OF THE STATE TO CONTROL ITS OWN
FOREIGN AFFAIRS# AS WHEN IT CONCLUDES TREATIES# MA"ES WAR OR PEACE# AND MAINTAINS
DIPLOMATIC AND COMMERCIAL RELATIONS.
IDEAL INDEPENDENCE
. NATURAL ASPIRATION OF PEOPLE
. RP IN 1*+; AND ITS READY RECOGNITION BY THE FAMILY OF NATIONS.
. DECLARATION REGARDING NON.SELF.GOVERNING TERRITORIES IN CHAPTER ,I OF THE CHARTER OF THE
U.N.
. ART. 73# THE MEMBERS OF THE ORGANI&ATION...PLEDGE TO DEVELOP SELF.GOVERNMENT# TO TA"E FULL
ACCOUNT OF THEPOLITICAL ASPIRATIONS OF THE PEOPLE.
NATURE OF INDEPENDENCE
. FREEDOM IS NOT LICENSE
. FREEDOM ACTION BASED ON REGULATION E,ERCISED IN LIMITATION.
. LICENSE THEY CAN DO ANYTHING THEY WANT...
. PACTA SUNT SERVANDA . OBSERVE TREATIES IN GOOD FAITH
. MARE LIBERUM PRINCIPLE... WILL PREVENT IT FROM ARROGATING TO ITSELF THE E,CLUSIVE USE OF THE
OPEN SEAS TO THE DETRIMENT OF OTHER STATES.
INTERVENTION
. THE STATE MUST ABSTAIN FROM INTERVENTION...
. THE RIGHT OF INDEPENDENCE CARRIES WITH IT# BY NECESSARY IMPLICATION# THE CORRELATIVE DUTY OF
NON.INTERVENTION.
. INTERVENTION AS AN ACT BY WHICH A STATE INTERFERES WITH THE DOMESTIC OR FOREIGN AFFAIRS OF
ANOTHER STATE OR STATES THROUGH THE EMPLOYMENT OF FORCE OR THREAT OF FORCE.
THE DRAGO DOCTRINE
. IN 1*02# GREAT BRITAIN# ITALY AND GERMANY ESTABLISHED A BLOC"ADE AGAINST VENE&UELA IN ORDER
TO FORCE IT TO COMPLY WITH CERTAIN CONTRACTUAL AND OTHER OBLIGATIONS OWING TO THE
BLOC"ADING POWERS. THIS ACTION WAS SUBJECT OF UNIVERSAL DISAPPROBATION AND LED TO THE
FORMULATION BY THE FOREIGN MINISTER OF ARGENTINA.
. HAGUE CONVENTION OF 1*07 . THE CONTRACTING POWERS AGREE NOT TO HAVE RECOURSE TO ARMED
FORCE FOR THE RECOVERY OF CONTRACT DEBTS CLAIMED FROM THE GOVERNMENT OF ANOTHER
COUNTRY AS BEING DUE TO ITS NATIONALS.
. PORTER RESOLUTION . INTERVENTION WAS PERMITTED IF THE. DEBTOR STATE REFUSED AN OFFER TO
ARBITRATE THE CREDITORS CLAIM.
CHAPTER * THE RIGHT OF E/UALITY
.ART. 2 OF THE CHARTER OF THE U.N.. THE ORGANI&ATION IS BASED ON THE PRINCIPLE OF THE SOVEREIGN
E/UALITY OF ALL ITS MEMBERS.
. MONTEVIDEO CONVENTION OF 1*33 STATES ARE JURIDICALLY E/UAL# ENJOY THE SAME RIGHTS AND HAVE
E/UAL CAPACITY TO E,ERCISE
ESSENCE OF E/UALITY
. IS THAT ALL RIGHTS OF A STATE# REGARDLESS OF THEIR NUMBER# MUST BE OBSERVED AND RESPECTED
BY THE INTERNATIONAL COMMUNITY IN THE SAME MANNER THAT THE RIGHTS OF OTRHER STATES ARE
OBSERVED AND RESPECTED.
. E/UAL RIGHT TO THE ENJOYMENT OF ALL THEIR RESPECTIVE ATTRIBUTES AS MEMBERS OF THE FAMILY OF
NATIONS.
. PAR IN PAREM NON HABET IMPERIUM . EVEN THE STRONGEST STATE CANNOT ASSUME JURISDICTION
OVER ANOTHER STATE# NO MATTER HOW WEA"...
LEGAL E/UALITY V. FACTUAL E/UALITY
. ALL MEMBERS HAVE ONE VOTE REGARDLESS OF THE NUMBER OF PEOPLE THEY SEPARATELY REPRESENT#
WITH THE RESULT THAT THE DECISION OF INDIA# WHICH HAS A POPULATION OF ALMOST 1 BILLION#
WOULD HAVE THE SAMEFORCE# LEGALLY SPEA"ING# AS THE VOTE CAST BY GABON# THE POPULATION OF
WHICH IS ONLY 1.1 MILLION. THE REASON IS THAT THE RIGHT TO VOTE# AND TO ONLY ONE VOTE EACH# IS
GRANTED TO THE MEMBERS.STATES AS SUCH INSTEAD OF BEING APPORTIONED AMONG WHAT THE
PREAMBLE TO THE CHARTER ITSELF CALL THE PEOPLES OF THE UNITED NATIONS.!
CHAPTER 10 TERRITORY
. AS THE FI,ED PORTION OF THE SURFACE OF THE EARTH INHABITED BY THE PEOPLE OF THE STATE.
. FUNDAMENTAL ATTRIBUTES OF THE STATE.
AC/UISITION AND LOSS OF TERRITORY
1. BY DISCOVERY AND OCCUPATION
2. BY PRESCRIPTION
3. BY CESSION
+. BY SUBJUGATION
$. BY ACCRETION
LOSS BY%
1. ABANDONMENT OR DERELICTION
2. BY CESSSION
3. BY SUBJUGATION
+. BY PRESCRIPTION
$. BY EROSION
;. BY REVOLUTION
7. BY NATURAL CAUSES
DISCOVERY AND OCCUPATION
. ORIGINAL MODE OF AC/UISITION BY WHICH TERRITORY NOT BELONGING TO ANY STATE# OR TERRA
NULLIUS# IS PLACED UNDER THE SOVEREIGNTY OF THE DISCOVERING STATE.
. 1$21 PHILIPPINES WAS JUSTIFIED ON THE GROUND THAT THE INHABITANTS AT THE TIME DID NOT HAVE A
DEGREE OF CIVILI&ATION REGARDED AS SUFFICIENT BY EUROPEAN STANDARDS.
. RES COMMUNES OPEN SEAS# OUTER SPACE NOT SUSCEPTIBLE TO DISCOVERY AND OCCUPATION.
. TREATY ON THE E,PLORATION AND THE USE OF OUTER SPACE.
A.RE/UISITES VALID DISCOVERY AND OCCUPATION
1. POSSESSION
2. ADMINISTRATION
INCHOATE TITLE OF DISCOVERY PERFORMS THE FUNCTION OF BARRING OTHER STATES FROM ENTERING
THE TERRITORY UNTIL THE LAPSE OF A REASONABLE PERIOD WITHIN WHICH THE DISCOVERING STATE MAY
ESTABLISH A SETTLEMENT THEREON AND COMMENCE TO ADMINISTER IT. IF THE CLAIMANT STATE BEGINS
E,RECISING SOVEREIGN RIGHTS OVER THE TERRITORY# THE INCHOATE TITLE RIPENS AND IS PERFECTED
INTO A FULL TITLE. OTHERWISE# THE INCHOATE TITLE WILL BE E,TINGUISHED AND THE TERRITORY WILL
BECOME RES NULLIUS AGAIN.
PALMAS CASE UNDER ARTICLE III OF THE TREATY OF PARIS# AN INCHOATE TITLE COULD NOT PREVAIL
OVER THE CONTINUOUS AND PEACEFUL DISPLAY OF AUTHORITY BY ANOTHER STATE FOR SUCH DISPLAY
MAY PREVAIL EVEN OVER A PRIOR# DEFINITIVE TITLE PUT FORWARD BY ANOTHER STATE.
B.DERELICTION WHEN THE STATE E,ERCISING SOVEREIGNTY OVER IT PHYSICALLY WITHDRAWS FROM IT WITH THE
INTENTION OF ABANDONING IT ALTOGETHER. CONDITIONS%
1. ACT OF WITHDRAWAL
2. INTENTION TO ABANDON
PRESCRIPTION
. PALMAS CASE
CESSION BY WHICH TERRITORY IS TRANSFERRED FROM ONE STATE TO ANOTHER BY AGREEMENT BETWEEN THEM.
SALE
DONATION BARTER OR E,CHANGE
BY TESTAMENTARY DISPOSITION
E,AMPLES%
1. PURCHASE BY THE U.S. OF ALAS"A FROM RUSSIA IN 18;7
2. THE GIFT OF AUSTRIA OF LOMBARDY TO FRANCE IN 18$*
3. THE E,CHANGE BETWEEN GREAT BRITAIN AND GERMANY OF THE ISLAND OF HEGOLAND AND THE
TERRITORY ADJOINING GERMAN EAST AFRICA IN 18*0
SUBJUGATION . WHEN # HAVING BEEN PREVIOUSLY CON/UERED OR OCCUPIED IN THE COURSE OF WAR BY THE
ENEMY.
ACCRETION BASED ON THE PRINCIPLE OF ACCESSIO CEDAT PRINCIPALI.
. IT IS ACCOMPLISHED THROUGH BOTH NATURAL AND ARTIFICIAL PROCESSES# AS BY GRADUAL AND
IMPERCEPTIBLE DEPOSIT OF SOIL ON THE COASTS OF THE COUNTRY THROUGH THE ACTION OF THE
WATER OR# MORE EFFECTIVELY# BY RECLAMATION PROJECTS LI"E THOSE UNDERTA"EN IN MANILA BAY
AND THE POLDERS OF HOLAND.
COMPONENTS OF TERRITORY
A. THE TERRESTRIAL DOMAIN REFERS TO THE LAND MASS# WHICH MAY BE INTEGRATE# AS IN THE CASE OF
IRAN...COMPOSED OF SEVERAL ISLANDS LI"E PHIL. O INDONESIA.
B. THE MARITIME AND FLUVIAL DOMAIN CONSISTS OF THE BODIES OF WATER WITHIN THE LNAD MASS AND
THE WATERS ADJACENT TO THE COASTS OF THE STATE UP TO A SPECIFIED LIMIT.
. INTERNAL WATERS IN THE LAND.LOC"ED LA"ES
. RIVERS AND MAN.MADE CANALS WITHIN THE LAND MASS
. CERTAIN BAYS# GULFS AND STRAITS
. E,TERNAL WATERS IN THE TERRITORIAL SEA.
1. RIVERS NATIONAL LI"E PASIG RIVER# MULTI.NATL CONGO RIVER IN AFRICA# INTERNAL LI"E RHINE AND
THE DANUBE# BOUNDARY LI"E ST.LAWRENCE RIVER BETWEEN CANADA AND THE U.S. THAT DIVIDES THE
TERRITORIES OF THE RIPARIAN STATES.
. THALWEG DOCTRINE IN THE ABSENCE OF AGREEMENT BETWEEN STATES# THE BOUNDARY LINE IS LAID
ON THE RIVER. THAT IS# ON THE CENTER# NOT OF THE RIVER ITSELF# BUT OF ITS MAIN CHANNEL.
2. BAYS IS A WELL.MAR"ED INDENTATION WHOSE PENETRATION IS IN SUCH PROPORTION TO THE WIDTH
OF ITS MOUTH AS TO CONTAIN LAND.LOC"ED WATERS AND CONSTITUTE MORE THAN A MERE CURVATURE
OF THE COAST.
3. THE TERRITORIAL SEA MAY BE DESCRIBED AS THE BELT OF WATERS ADJACENT TO THE COASTS OF THE
STATE# E,CLUDING THE INTERNAL WATERS IN BAYS AND GULF# OVER WHICH THE STATE CLAIMS
SOVEREIGNTY AND JURISDICTION.
. TERRITORIAL SEA BREADTH 3 NAUTICAL MILES FROM THE LOW.WATER MAR"
+. THE UN CONFERENCES ON THE LAW OF THE SEA
. 1*$8 AT GENEVA FIRST CONFERENCE.
. 1*;0 GENEVA 2
ND
CONFERENCE UNRESOLVED / OF TERRITORIAL SEA
. 1*70 3
RD
CONFERENCE BY THE UN RESULTED. ADOPTION OF A NEW CONVENTION ON THE LAW OF THE
SEA SIGNED IN JAMAICA IN 1*82 BY 11* OF THE 1$0 CONFEREE.STATES.
. NOVEMBER 1;# 1**+ EFFECTIVITY# AFTER ITS RATIFICATION BY MORE THAN RE/UIRED ;0 OF THE
SIGNATORY STATES.
. UNIVERSAL BREADTH OF 12 MILES FOR THE TERRITORIAL SEA
. CONTIGUOUS "ONE OF 12 MILES FROM THE OUTER LIMITS OF TERRITORIAL SEA
. ECONOMIC "ONE OR PATRIMONIAL SEA E#TENDING 2$$ MILES FROM THE LOW-WATER MARK
OF THE COASTAL STATE.
$. THE PHILIPPINE TERRITORIAL SEA BASED ON HISTORIC RIGHT OR TITLE TREATY LIMITS THEORY.
. TREATY OF PARIS OF DECEMBER 10# 18*8 SPAIN TRADITIONAL 3 MILE LIMIT EMBRACED WITHIN THE
LAATITUDES AND LONGITUDES SPECIFIED.
. JULY +# 1*+; RP WHEN IT AC/UIRED TITLE TO THE WHOLE ARCHIPELAGO.
. NEW CONVENTION ON THE LAW OF THE SEA NOW LIMITS OUR TERRITORIAL SEA TO 12 MILES FROM THE
LOW.WATER MAR" OF OUR COASTS.
;. THE ARCHIPELAGO DOCTRINE THE PHIL POSITION ON THE DEFINITION OF ITS INTERNAL WATERS IS
COMMONLY "NOWN...UNDER SECOND SENTENCE OF ARTICLE I# SEC. 1 OF THE 1*87 CONSTITUTION.
DEFINED# OUR NATIONAL TERRITORY COMPREHENDS AS MANY AS 7#100 ISLANDS OF VARYING SI&ES
CONNECTED BY WATERS OF DIVERSE DIMENSIONS. OUR POSITION IS THAT ALL THESE ISLANDS SHOULD
BE CONSIDERED ONE INTEGRATED WHOLE INSTEAD OF BEING FRAGMENTED INTO SEPARATE UNITS EACH
WITH ITS OWN TERRITORIAL SEA.
7. BASIS OF ARTICLE I OF THE 1*87 CONSTITUTION WAS BASED ON RA NO. 30+;# AS AMENDED BY RA
NO.$++;...
8. METHODS OF DEFINING THE TERRITORIAL SEA# REGARDLESS OF ITS BREADTH# ACCORDING EITHER TO
THE NORMAL BASELINE METHOD OR TO THE STRAIGHT BASELINE METHOD.
C. THE AERIAL DOMAIN IS THE AIRSPACE ABOVE THE TERRESTIAL DOMAIN AND THE MARITIME AND FLUVIAL
DOMAIN OF THE STATE# TO AN UNLIMITED ALTITUDE BUT NOT INCLUDING OUTER SPACE.
. OCT.13# 1*1*. SIGNED. PARIS CONVENTION ON AERIAL NAVIGATION.
. DEC.7# 1*++. CHICAGO CONVENTION ON INTERNATIONAL CIVIL AVIATION
HAS COMPLETE AND E,CLUSIVE SOVEREIGNTY OVER THE AIRSPACE ABOVE ITS TERRITORY.!
CHAPTER 11 JURISDICTION
. IS THE AUTHORITY E,ERCISED BY A STATE OVER PERSONS AND THINGS WITHIN OR SOMETIMES OUTSIDE
ITS TERRITORY# SUBHECT TO CERTAIN E,CEPTIONS.
. CLASSIFIED% PERSONAL OR TERRITORIAL
JURISDICTION E,ERCISED OVER%
1. ITS NATIONAL
2. THE TERRESTRIAL DOMAIN
3. THE MARITIME AND FLUVIAL DOMAIN
+. THE CONTINENTIAL SHELF
$. THE OPEN SEAS
;. THE AERIAL DOMAIN
7. OUTER SPACE
8. OTHER TERRITORIES
PERSONAL JURISDICTION
. IS THE POWER E,ERCISED BY A STATE OVER ITS NATIONALS.
. DOCTRINE OF INDELIBLE ALLEGIANCE DETRACT FROM THE LEGAL POWER POSSESSED BY THE STATE
OVER ITS NATIONALS ABROAD.
. RP ASSERTION OF ITS PERSONAL JURISDICTION# ART.1$# CC. ART.1;# CC...INTESTATE AND TESTAMENTARY
SUCCESSION...
. ART.2# RPC# PUNISHES ANY PERSON WHO# WHETHER IN OR OUTSIDE OUR TERRITORY# SHOULD FORGE OR
COUNTERFEIT PHIL.CURRENCY# UTTER SUCH SPURIOUS SECURITIES OR COMMIT ANY CRIME AGAINST OUR
NATIONAL SECURITY OR THE LAW OF NATIONS.
TERRITORIAL JURISDICTION
. GEN.RULE IS THAT A STATE HAS JURISDICTION OVER ALL PERSONS AND PROPERTY WITHIN ITS
TERRITORY. THE SCHOONER E,CHANGE V. MCFADDON.
. E,CLUSIVE AND ABSOLUTE
. E,CEPTIONS%
1. FOREIGN STATES# HEADS OD STATES# DIPLOMATIC REPRESENTATIVES# AND CONSULS TO A CERTAIN
DEGREE....SOVEREIGN E/UALITY OF STATES
2. FOREIGN STATE PROPERTY# INCLUDING EMBASSIES# CONSULATES# AND PUBLIC VESSELS ENGAGED IN NON.
COMMERCIAL ACTIVITIES.
3. ACTS OF STATE...UNDERHILL V. HERNANDE&...EVERY SOVEREIGN STATE IS BOUND TO RESPECT THE
INDEPENDENCE OF EVERY OTHER SOVEREIGN STATE# AND THE COURTS OF ONE COUNTRY WILL NOT SIT IN
JUDGMENT ON THE ACTS OF THE GOVT OF ANOTHER# DONE WITHIN ITS OWN TERRITORY. REDRESS OF
GRIEVANCES BY REASON OF SUCH ACT MUST BE OBTAINED THROUGH THE MEANS OPEN TO BE AVAILED
OF BY SOVEREIGN POWERS AS BETWEEN THEMSELVES.!
+. FOREIGN MERCHANT VESSELS E,ERCISING THERIGHTS OF INNOCENT PASSAGE OR ARRIVAL UNDER
STRESS.
. INNOCENT PASSAGE MEANS NAVIGATION THROUGH THE TERRITORIAL SEA OF A STATE FOR THE PURPOSE
OF TRAVERSING THAT SEA W0O ENTERING INTERNAL WATERS...
. ARRIVAL UNDER STRESS OR INVOLUNTARY ENTRANCE MAYBE DUE TO LAC" OF PEOVISIONS#
UNSEAWORTHINESS OF THE VESSEL# INCLEMENT WEATHER# FORCE MAJEURE# PURSUIT BY PIRATES.
$. FOREIGN ARMIES PASSING THROUGH OR STATIUONED IN ITS TERRITORIES WITH ITS PERMISSION.
;. SUCH OTHER PERSONS OR PROPERTY# UN# BY AGREEMENT# WAIVE JURISDICTION.
LAND JURISDICTION
MARITIME AND FLUVIAL JURISDICTION
. CIVIL# CRIMINAL AND ADMINISTRATIVE JURISDICTION IS E,ERCISED BY THE FLAG STATE OVER ITS PUBLIC
VESSELS WHEREVER THEY MAY BE# PROVIDED THEY ARE NOT ENGAGED IN COMMERCE.
. ENGLISH RULE THE COASTAL STATE SHALL HAVE JURIS OVER ALL OFFENSES COMMITTED ON BOARD
SUCH VESSELS# E,CEPT ONLY WHERE THEY DO NOT COMPROMISE THE PEACE OF THE PORT.
. FRENCH RULE THE FLAG STATE SHALL HAVE JURIS OVER ALL OFFENSES COMMITTED ON BOARD SUCH
VESSELS# E,CEPT ONLY WHERE THEY COMPROMISE THE PEACE OF THE PORT.
. MEMORI&E% THE 1*82 CONVENTION ON THE LAW OF THE SEA# HAS FI,ED A UNIFORM BREADTH FOR THE
TERRITORIAL SEA AT 12 MILES FROM THE LOW.WATER MAR" OF THE COAST.
. ARCHIPELAGIC SEALANES . A FOREIGN VESSEL NEED NOT GO AROUND OUR INTERNAL WATERS BUT MAY
USE THESE...IN NEGOTIATING THE DISTANCE FROM ONE POINT OF THE OPEN SEA TO ANOTHER.
CONTIGUOUS &ONE
. PROTECTIVE JURISDICTION!
A. PREVENT INFRINGEMNET OF ITS CUSTOMS# FISCAL# IMMIGRATION OR SANITARY REGULATIONS WITHIN
ITS TERRITORY OR TERRITORIAL SEA.
B. PUNISH INFRINGEMENT OF THE ABOVE REGULATIONS WITH ITS TERRITORY OR TERRITORIAL SEA.
. UNDER THE 1*82 CONVENTION ON THE LAW OF THE SEA# THE CONTIGUOUS &ONE ALSO E,TENDS 12
MILES# BUT FROM THE OUTER LIMITS OF THE TERRITORIAL SEA.
CONTINENTAL SHELF
. REFERS TO%
A. THE SEABED AND SUBSOIL OF THE SUBMARINE AREAS...
B. TO THE SEABED AND SUBSOIL OF SIMILAR AREAS ADJACENT TO THE COASTS OF ISLANDS.
THE PATRIMONIAL SEA
. E,CLUSIVE ECONOMIC &ONE E,TENDS 200 NAUTICAL MILES FROM THE COAST OR THE BASELINES.
. 1*82 CONVENTION ON THE LAW OF THE SEA.
THE OPEN SEAS
. RES COMMUNES AVAILABLE TO THE USE OF ALL STATES FOR PURPOSES OF NAVIGATION# FLYING OVER
THEM...
. E,ERCISE JURIS%
1. OVER ITS VESSELS. THE FLAG STATE
2. OVER PIRATES INSURGENTS
3. IN THE E,ERCISE OF THE RIGHT OF VISIT AND SEARCH UNDER THE LAWS OF NEUTRALITY.
+. UNDER THE DOCTRINE OF HOT PURSUIT
AERIAL JURISDICTION
$ AIR FREEDOMS
1. THE FREEDOM TO FLY ACROSS FOREIGN TERRITORY WITHOUT LANDING.
2. THE FREEDOM TO LAND FOR NON.TRAFFIC PURPOSES.
3. THE FREEDOM TO PUT DOWN TRAFFIC ORIGINATING IN THE STATE OF THE AIRCRAFT.
+. THE FREEDOM TO EMBAR" TRAFFIC DESTINED FOR THE STATE OFVTHE AIRCRAFT.
$. THE FREEDOM TO EMBAR" TRAFFIC DESTINED FOR OR TO PUT DOWN TRAFFIC ORIGINATING IN THIRD
STATE.
. UNDER THE CONVENTION ON OFFENSES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT#
CONCLUDED ON SEPTEMBER 1+# 1*;3# IT IS THE STATE OF REGISTRATION OF THE AIRCRAFT THAT HAS
JURISDICTION OVER OFFENSES AND ACTS COMMITTED ON BOARD WHILE IT IS IN FLIGHT OR OVER THE
HIGH SEAS OR ANY OTHER AREA OUTSIDE THE TERRITORY OF ANY STATE.
OUTERSPACE
. SHALL BE FREE FROM E,PLORATION AND USE BY ALL STATES W0O DISCRIMINATION OF ANY "IND# ON THE
BASIS OF E/UALITY AND IL.
. ASTRONAUTS SHALL BE ENVOYS OF MAN"IND.
OTHER TERRITORIES
. NOT FALLING UNDER ITS SOVEREIGNTY...
. E,TRATERRITORIALITY APPLIES ONLY TO PERSONS AND IS BASED ON TREATY OR CONVENTION.
. E,TERRITORIALITY REFERS TO THE E,EMPTION OF PERSONS AND PROPERTY FROM THE LOCAL
JURISDICTION ON THE BASIS OF INTERNATIONAL CUSTOM. IMMUNITIES OF HEAD OF STATE IN FOREIGN
COUNTRY.
1. THROUGH ASSERTION OF ITS PERSONAL JURIS...
2. ON THE STRENGTH OF ITS RELATIONS WITH OTHER STATES...
3. AS A CONSE/UENCE OF THE WAIVER OF JURISDICTION BY THE LOCAL STATE OVER PERSONS AND
THINGS WITHIN ITS TERRITORY...
+. THROUGH AC/UISITION OF E,TRATERRITORIAL RIGHTS...
$. THROUGH THE ENJOYMENTOF EASEMENTS OR SERVITUDES...EASEMENT OF INNOCENT PASSAGEOR
THE EASEMENT OR ARRIVAL UNDER STRESS.