TRADITIONAL DEFINITION— The traditional definition of
26): Pacta Sunt Servanda - Every treaty in force
international law is that 
 it is a body of rules and principles
of action which are binding upon civilized 
 states in their
relations to one another. 
 1. A fundamental change of circumstances which
MODERN DEFINITION—The modern definition of
international law is the law 
 which deals “with the
conduct of states and of international organizations and
with their relations inter se, as well as with some of their
relations with persons, whether natural or juridical.
SOURCES OF INTERNATIONAL LAW: Art. 38(1) of the Statute
of the International Court of Justice 
 treaty; and
1. international conventions, whether general or
particular, establishing rules expressly recognized by
contesting states; 
 2. A fundamental change of circumstances may not
2. international custom, as evidence of a general
practice accepted as law; 

3. the general principles of law recognized by civilized
nations; 
 a breach by the party invoking it either of
4. subject to the provisions of Article 59, judicial decisions
and the teachings of 
 the most highly qualified
publicists of the various nations, as subsidiary means for
the determination of rules of law. 

CUSTOM— a general and consistent practice of states
followed by them from a sense of legal obligation 
 Article 46, is that a “party may not invoke the provisions of
TREATY— international agreement concluded between
states in written form and governed by international law,
whether embodied in a single instrument or in two or more
related instruments and whatever its particular
designation. (Article 21(a), Vienna Convention on the Law
of Treaties) 
 from treaties and other sources of international law, and it
GENERAL PRINCIPLES OF LAW RECOGNIZED BY CIVILIZED
NATIONS— Refers to principles of municipal law common
to the legal systems of the world. They may be said to
belong to no particular system of law but are evidence
rather of the fundamental unity of law.
JUDICIAL DECISIONS— Article 59: “the decisions of the
court have no binding force except between the parties
and in respect of that particular case”
DOCTRINE OF INCORPORATION: ART II (2) - The Philippines
renounces war as an instrument of national policy, adopts
the generally accepted principles of international law as
part of the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and amity
with all nations.
DOCTRINE OF TRANSFORMATION: ART VII (21) - No treaty or
international agreement shall be valid and effective unless
concurred in by at least two-thirds of all the Members of
the Senate.
FOUR PRINCIPLES OF INTERNATIONAL LAW
1. PSS (Art.
is binding upon the parties to it and must be
performed by them in good faith. 

2. RSS (Art. 62): Rebus Sic Stantibus
has occurred with 
 regard to those existing at the
time of the conclusion of a treaty, and which was
not foreseen by the parties, may not be invoked
as a ground for terminating or withdrawing from
the treaty UNLESS:
a. the existence of those circumstances
constituted an essential basis of the
consent of the parties to be bound by the
b. the effect of the change is radically to
transform the extent of obligations still to
be performed under the treaty. 

be invoked as a ground for terminating or
withdrawing from a treaty:
a. if the treaty establishes a boundary; or
b. if the fundamental change is the result of
an obligation under the treaty or of any
other international obligation owed to
any other party to the treaty. 

3. DLD (Art. 46):

its internal law 
 as justification for its failure to perform a
treaty.” 

Declaration of Rights and Duties of States: “Every State has
the duty to carry out in good faith its obligations arising
may not invoke provisions in its constitution or its laws as an
excuse for failure to perform this duty.”
4. JC (Art. 53): Jus Cogens - A treaty is void if, at the time of
its conclusion, it conflicts with a peremptory norm of
general international law. For the purposes of the present
Convention, a peremptory norm of general international
law is a norm accepted and recognized by the
international community of States as a whole as a norm
from which no derogation is permitted and which can be
modified only by a subsequent norm of general
international law having the same character.
State - it is a community of persons more or less numerous,
permanently occupying a definite portion of territory,
independent of external control, and possessing an
organized government to which the great body of
inhabitants render habitual obedience.
The state as a person of international law should possess
the following qualifications (Montevideo Convention of
1933 on Rights and Duties of States)
1. permanent population - community of persons
 sufficient in number and capable of maintaining the
permanent existence of the community and held
together by a common bond of law
2. defined territory
 - an entity may satisfy the territorial
requirement for statehood even if its boundaries have
not been finally settled, if one or more of its boundaries
are disputed, or if some of its territory is claimed by
another state. An entity does not necessarily cease to
be a state even if all its territory has been occupied by
a foreign power or if it has otherwise lost control of its
territory temporarily.
3. government
 - that institution or aggregate of
institutions by which an independent society makes
and carries out those rules of action which are
necessary to enable men to live in a social state or
which are imposed upon the people forming that
society by those who possess the power or authority
prescribing them.
4. the capacity to enter into relations with other States
(Sovereignty) - means independence from outside
control.
Principle of self-determination of people - “All peoples
have the right of self-determination. By virtue of that right
they freely determine their political status and freely pursue
their economic, social and cultural development.”
Recognition of States - Act of acknowledging the capacity
of an entity to exercise rights belonging to statehood.
Declaratory theory: recognition is merely “declaratory” of
the existence of the state and that its being a state
depends upon its possession of the required elements and
not upon recognition. A recognizing state merely accepts
an already existing situation.
Constitutive theory: recognition “constitutes” a state, that
is, it is what makes a state a state and confers legal
personality on the entity. In effect, this merely emphasizes
the point that states are under no obligation to enter into
bilateral relations. But then states may decide to recognize
an entity as a state even if it does not have all the elements
of a state found in the Montevideo Convention.
Recognition of Government - Act of acknowledging the
capacity of an entity to exercise powers of government of
a state.
Territory – an area over which a state has effective control.
Components of a territory:
1. Land 
 a. asserts that a state may apply law –
2. Maritime areas 
 committed outside its territory by a person
3. Airspace – above the land and maritime areas;
scope is until atmosphere 
 its national
4. Outer space 

Modes of Acquiring Sovereignty
1. Occupation – the acquisition of terra nullius, that is,
territory which prior to occupation belong to no state
or which may have been abandoned by a prior
occupant. There is abandonment when the occupant
leaves the territory with the intention of not returning
Discovery of terra nullius is not enough to establish
sovereignty. It must be accompanied by effective
control.
2. Prescription – like occupation, it requires effective
control but not terra nullius. The required length of
effective control is longer than the occupation; long
occupation (lapse of time)
3. Cession – acquisition of territory through treaty; e.g.
Treaty of Paris
4. Conquest – taking possession of a territory through
armed force; it is necessary that the war had ended
either by treaty or by indication that all resistance had
been abandoned. Moreover, the conqueror must
have had intention of acquiring the territory and not
just occupying it temporarily
5. Accretion and avulsion
a. Accretion – the gradual increase of territory
by the action of nature
b. Avulsion – sudden change resulting for
instance from the action of a volcano
Doctrine of Intertemporal law – generally accepted view is
that the rules in effect at the time of acquisition should be
applied
Territory of the Sea – Check Chapter 8
5 Principles of Jurisdiction
1. Territoriality Principle – power to prescribe,
adjudicate, and enforce rules for conduct that
occurs within its territory
2. Nationality Principle – every state has jurisdiction
over its nationals even when those nationals are
outside the state
3. Protective Principle - allows a sovereign state to
assert jurisdiction over a person whose conduct
outside its boundaries threatens the states security
or interferes with the operation of its government
functions.
4. Universality Principle – certain activities which are
universally dangerous to states and their subjects,
require authority in all community members to
punish acts wherever they may occur, even absent
link between the state and the parties of the acts
in question (piracy, genocide, crimes against
humanity, war crimes, aircraft piracy, terrorism,
crimes against human rights)
5. Passive Personality Principle –
particular criminal law – to an act
not its national where the victim of the acts
b. the principle has not been ordinarily
accepted for ordinary torts or crimes, but it is
increasingly accepted as applied to terrorist
and other organized attacks on a state’s
 nationals by reason of their nationality, or to [Old Name: Law of Force]
assassination of a state’s diplomatic States States + Individuals
representatives or other officials Classic + Individual Classic + Individual
becomes liable
Customary (torture Customs
becomes jus cogens) Treaties – Geneva
Treaties Convetion, The Hague,
Martens Clause*
Immunity from jurisdiction Political, civil and Humanitarians – civilians
GR: Jurisdiction of a state within its territory is complete and individual rights
absolute Applicable at all times Applicable during war
EX: time/conflict
1. Sovereign immunity – covers both head of state IHRL is a set of IHL is a set of international
and state itself international rules, rules, established by treaty
2. Immunity of the representatives of states or established by treaty or or custom, which are
diplomatic and consular immunities custom, on the basis of specifically intended to
which individuals and solve humanitarian
groups can expect problems directly arising
State Immunity - state may not be sued without its consent and/or claim certain from international or non-
behavior or benefits from international armed
Act of State Doctrine – every sovereign state is bound to governments. Human conflicts. It protects
respect the independence of every other sovereign state, rights are inherent persons and property that
and the courts of one country will not sit in judgment on entitlements which are, or may be, affected
the acts of the government of another, done within its own belong to every person as by an armed conflict and
territory. Redress of grievances by reason of such acts must a consequence of being limits the rights of the
be obtained through the means open to be availed of by human. parties to a conflict to use
sovereign powers as between themselves methods and means of
warfare of their choice.
Doctrine of State Responsibility – every internationally
wrongful act of a State entails the international
responsibility of that State International Criminal International Human Rights
Court Committee
Elements of internationally wrongful act
HR + 4 crimes (genocide, Human Rights Violations
1. Act or omission is attributable to the State under
ethnic cleansing, war (HR Convention)
international law
crimes, crimes against
2. Constitute breach of an international obligation of
humanity)
the State
Respondent: Individual Respondent: State
Complainant: World Complainant:
Reparation -
(Represented by a Individual/Interest Groups
1. The responsible State is under an obligation to
prosecutor) or Security
make full reparation for the injury caused by the
Council
internationally wrongful act. 

2. Injury consists of any damage, whether material or The Martens Clause - Until a more complete code of laws
moral, arising in consequence of the of has been issued, the High Contracting parties deem it
internationally wrongful act of a State. 
 expedient to declare that, in cases not included in the
Regulations adopted by them – the inhabitants and
Calvo Clause - a provision in a contract to the effect that belligerents remain under the protection and the rule of
under no condition shall the intervention of foreign principles of the law of nations as they result from the
diplomatic agents in any matter related to the contract usages established among civilized peoples, from the laws
be resorted to of humanity and dictates of the public conscience

3 Generations of Human Rights Dispute - disagreement on a point of law or fact, a conflict

1. Traditional civil and fundamental rights
2. Generation, social and economic rights
3. Right to peace, clean environment, self-
determination, common heritage of mankind,
development minority rights
Responsibility of States in international law – a State owes
at all times a duty to protect other States against injurious
acts by individuals from within its jurisdiction
International Human International
Rights Law Humanitarian Law
of legal views or interests between two persons
Article 2, paragraph 3 of the UN Charter: “All members shall
settle their international disputes by peaceful means in
such a manner that international peace and security, and
justice, are not endangered.” 

The peaceful means of settling disputes:
1. Non-judicial methods
a. Negotiation – take place at arm’s length
or face to face; may be formalized in a
 treaty or exchange of notes; preferred
vehicle
b. Inquiry – fact-finding
c. Mediation – assisted by third parties who
act as a bridge/mediator
d. Conciliation – refer the controversy to an
individual or group of individuals which
will make findings and recommendations
2. Quasi-judicial method
a. Arbitration – binding settlement of a
dispute on the basis of law by non-
permanent body designated by the
parties
b. Judicial Method
International Courts:
1. International Court of Justice
2. Court of Justice of the European Communities, 
 another state for the purpose of compelling the latter
3. European Court of Human Rights, 

4. Benelux Court of Justice and 
 Responsibility to Protect (R2P) - each individual State has
5. Inter-American Court of Human Rights. 

6. The International Criminal Court entered into force
only in 2002. 
 exercising that responsibility and in building their
Article 2(4) of the UN Charter: “All Members shall refrain in
their international relations from the threat or use of force
against the territorial integrity or political independence of
any state, or in any other manner inconsistent with the
Purposes of the United Nations.”
General prohibition of the use of force does not preclude
the right to self-defense.
Article 51 (Self-Defense): Nothing in the present Charter
shall impair the inherent right of individual or collective self-
defense if an armed attack occurs against a Member of
the United Nations, until the Security Council has taken
measures necessary to maintain international peace and
security.
 Measures taken by Members in the exercise of this
right of self-defense shall be immediately reported
to the Security Council and shall not in any way
affect the authority and responsibility of the
Security Council under the present Charter to take
at any time such action as it deems necessary in
order to maintain or restore international peace
and security.
Traditionally Allowable Coercive Measures
1. Retorsion - any of the forms of counter-measures in
response to an unfriendly act. It includes shutting of
ports to vessels of an unfriendly state, revocation of
tariff concessions not guaranteed by treaty, or the
display of naval forces near the waters of an unfriendly
state. 

2. Reprisal - denotes any kind of forcible or coercive
measures whereby one State seeks to exercise a
deterrent effect or obtain redress or satisfaction,
directly or indirectly, for the consequences of the
illegal act of another state which has refused to make
amends for such illegal acts; reprisal must be
preceded by an unsatisfied demand for reparation. 

3. Embargo - can consist of seizure of vessels even in the
high seas.
4. Boycott - a form of reprisal which consists of suspension
of trade or business relations with the nationals of an
offending state. Some claim that this is a form of
economic aggression which should be prohibited by
law.
5. Non-intercourse - consists of suspension of all
commercial intercourse with a state.

6. Pacific Blockade - a naval operation carried out in
time of peace whereby a state prevents access to or
exit from particular ports or portions of the coast of
to yield to demands made by the blockading state.
the responsibility to protect its populations from genocide,
war crimes, ethnic cleansing and crimes against humanity.
Also, the international community should assist States in
protection capacities. When a State nevertheless was
“manifestly failing” to protect its population from the four
specified crimes and violations, they confirmed that the
international community was prepared to take collective
action in a “timely and decisive manner” through the
Security Council and in accordance with the Charter of
the United Nations.
Traditional Allowable Coercive Measures
1. Retorsion
2. Reprisal
3. Embargo
4. Boycott
5. Non-intercourse
6. Pacific Blockade
Sustainable Development – encourages development in a
manner and according to methods which do not
compromise the ability of future generation and other
states to meet their needs
Permanent sovereignty over natural resources - right of
peoples and nations to permanent sovereignty over their
natural wealth and resources must be exercised in the
interest of their national development and of the well-
being of the people of the State concerned.
The exploration, development and disposition of such
resources, as well as the import of the foreign capital
required for these purposes, should be in conformity with
the rules and conditions which the peoples and nations
freely consider to be necessary or desirable with regard to
the authorization, restriction or prohibition of such
activities.
Violation of the rights of peoples and nations to
sovereignty over their natural wealth and resources is
contrary to the spirit and principles of the Charter of the
United Nations and hinders the development of
international co-operation and the maintenance of
peace.

Principle of Common but Differentiated Responsibility –

without prejudice to such criteria as may be agreed upon
by the international community, or to standards which will
have to be determined nationally, it will be essential in all
cases to consider the systems of values prevailing in each
country, and the extent of the applicability of standards
which are valid for the most advanced countries but
which may be inappropriate and of unwarranted social
cost for the developing countries

Polluters Pay Principle – National authorities should

endeavor to promote internationalization of
environmental costs and the use of economic instruments,
taking into account the approach that the polluter should,
in principle, bear the cost of pollution, with due regard to
the public interest and without distorting international
trade and investment

Precautionary Principle - the parties should take

precautionary measures to anticipate, prevent or minimize
the causes of climate change and mitigate its adverse
effects. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used
as a reason for postponing such measures, taking into
account that policies and measures to deal with climate
change should be cost-effective so as to ensure global
benefits at the lowest possible cost

Key Principles of International Trade Law

1. Agreed tariff levels - GATT contains specified tariff

levels for each state. Each state agrees not to raise
tariff levels above hose contained in the schedule.
But these can be renegotiated.
2. Most Favored Nation – The MFN clause embodies
the principle of non-discrimination. The principle
means that any special treatment given to a
product from one trading partner must be made
available for like products originating from or
destined for other contracting partners. In
practice, this generally refers to tariff concessions
3. National Treatment – this prohibits discrimination
between domestic and foreign producers. In
practice, this means that once foreign producers
have paid the proper border charges, no
additional burdens may be imposed on foreign
products
4. Principle of Tariffication – This prohibits the use of
quotas on imports or exports and the use of licenses
on importation or exportation. The purpose of the
principle is to prevent the imposition of non-tariff
barriers. But GATT provides for exceptions on a
quantitative and temporary basis for balance of
payments or infant industry reason in favor of
developing states