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Treaties—expression of consent Art. 38(1) of the Statute of the International Court of Justice
1. International conventions—establishing rules expressly recognized by
Custom—voluntary adherence to common practices, contesting states
is seen as expression of consent 2. International custom—evidence of a general practice accepted as law
Natural Law Theory Law is derived by reason from the nature of man 3. General principles of law recognized by civilized nations
4. Subsidiary means for determination of rules of law
International law—application of natural reason to a. Judicial decisions
the nature of the state-person b. Teachings of the most highly qualified publicists
Conflict between International Law and Domestic Law: International Rule 2. Defined territory—an entity may satisfy this requirement even if
Before an international tribunal, a state may not plead its own law as its boundaries have not been finally settled, if one or more of its
an excuse for failure to comply with international law boundaries are disputed, or if some of its territory is claimed by
Exception: Art. 46 of Vienna Convention = in cases where the another state
constitutional violation was manifest and concerned a rule of its An entity does not necessarily cease to be a state even if all its
internal law of fundamental importance territory has been occupied by a foreign power or if it has
Manifest = objectively evident to any State conducting itself in the otherwise lost control of its territory temporarily
matter in accordance with normal practice and in good faith
3. Government—that institution or aggregate of institutions by which
Conflict between International Law and Domestic Law: Municipal Rule an independent society makes and carries out those rules of action
Domestic courts are bound to apply the local law which are necessary to enable men to live in a social state
Should a conflict arise between an international agreement and the It is the National Government that has legal personality and it is
Constitution, the treaty would not be valid and operative as domestic such that is internationally responsible for the actions of other
law agencies and instrumentalities of the state
Art. 8, Sec. 5 of the Constitution explicitly recognizes the power of the Temporary absence of government does not terminate the
Supreme Court to declare a treaty unconstitutional; however, even if existence of a state
declared unconstitutional, the treaty will not lose its character as an
international law 4. Capacity to enter into relations with other States—
SOVEREIGNTYindependence from outside control
INSURGENTS
Protocol II—first and only international agreement exclusively CHAPTER 7 TERRITORY: LAND, AIR, OUTER SPACE
regulating the conduct of parties in a non-international armed conflict
Requirements for Material Field of Application: Territory in International Law—an area over which a state has effective
a. Armed dissidents must be under responsible command control
b. They must exercise such control over a part of its territory as to Exact boundaries might be uncertain but there should be a definitive
enable them to carry out sustained and converted military core over which sovereignty is exercised
operations and to implement this Protocol Acquisition of territory—acquisition of sovereignty over territory
Insurgent groups which satisfy the material field of application may be Includes land, maritime areas, airspace and outer space
regarded as ―para-statal entities possessing definite if limited form of
international personality‖
a. They are recognized as having belligerent status against the de
jure government
b. They are seen as having treaty making capacity
THE ISLAND OF PALMAS One of the peculiar features of the present case is that up to 1931, there
HELD: was no claim by any Power other than Denmark to the sovereignty of
Contiguity—US also argued that Palmas was US’ territory because the Greenland.
island was closer to the Philippines than to Indonesia which was then
held by the Netherlands East Indies. The arbitrator said there was no 2. Prescription—requires effective control and the object is not terra
positive international law which favored the US’ approach of terra firma, nullius
where the nearest continent or island of considerable size gives title to o The required length of effective control is longer than in occupation
the land in dispute. The arbitrator held that mere proximity was not an o May be negated by a demonstrated lack of acquiescence by the prior
adequate claim to land noted that if the international community occupant
followed the proposed United States approach, it would lead to arbitrary
results. 3. Cession—acquisition of territory through treaty
o A treaty of cession which is imposed by a conqueror is invalid
Continuous and peaceful display of sovereignty—the Netherlands' primary
contention was that it held actual title because the Netherlands had 4. Conquest and Subjugation
exercised authority on the island since 1677. The arbitrator noted that o Conquest—taking possession of a territory through armed force
the US had failed to show documentation proving Spanish sovereignty on o It is necessary that the war had ended either by treaty or by
the island except those documents that specifically mentioned the indication that all resistance had been abandoned
island's discovery. Additionally, there was no evidence that Palmas was a o Now, conquest is proscribed by international law
part of the judicial or administrative organization of the Spanish o ―No territorial acquisition resulting from the use or threat of force
government of the Philippines. However, the Netherlands showed that shall be recognized as legal‖
the Dutch East India Company had negotiated treaties with the local
princes of the island since the 17th century and had exercised 5. Accretion and Avulsion—sovereignty by operation of nature
sovereignty, including a requirement of Protestantism and the denial of o Accretion—gradual increase of territory by the action of nature
other nationals on the island. The arbitrator pointed out that if Spain had o Avulsion—sudden change resulting for instance from the action of a
actually exercised authority, than there would have been conflicts volcano
between the two countries but none are provided in the evidence.
UNIVERSALITY PRINCIPLE 2. International Comity – state will refrain from exercising its jurisdiction is
o This recognizes that certain activities, universally dangerous to states it is unreasonable
and their subjects, require authority in all community members to o Factors to consider in determining unreasonableness:
punish such acts wherever they may occur, even absent a link between a. Link or connection of the activity to the territory of the regulating
the state and the parties or the acts in question state
b. Character of the activity to be regulated
Examples of acts covered by Universality Principle: c. Existence of justified expectations that might be protected or hurt
a. Piracy – any illegal act of violence or depredation committed for by the regulation
private ends on the high seas or outside the territorial control of any d. Likelihood of conflict with regulation by another state
state 3. Forum non conveniens – application is discretionary with the court
b. Genocide – acts committed with intent to destroy, in whole or in part, o If in the whole circumstances of the case it be discovered that there is
a national, ethical, racial or religious group real unfairness to one of the suitors in permitting the choice of a
c. Crimes against humanity – acts committed as part of a widespread or forum which is not the natural or proper forum, either on the ground
systematic attack directed against any civilian population of convenience of trial or the residence or domicile of parties or of its
1. Attack directed against any civilian population being the locus contractus or locus solutionis
2. Extermination – internal infliction of conditions of life
3. Enslavement EXTRADITION – the surrender of an individual by the state within whose
4. Deportation or forcible transfer of population territory he is found to the state under whose laws he is alleged to have
5. Torture committed a crime or to have been convicted of a crime
6. Forced pregnancy o This is a process that is governed by a treaty
7. Persecution o Legal right to demand extradition and the correlative duty to surrender a
8. Crime of Apartheid fugitive exist only when created by treaty
9. Enforced disappearance of persons o Procedure for extradition is normally through diplomatic channels
d. War crimes – grave breaches of the Geneva Convention of 12 August
1949, namely, any of the following acts against persons or property Principles governing Extradition
protected under the provisions of the relevant Geneva Convention 1. No state is obliged to extradite unless there is a treaty
e. Aircraft piracy 2. Differences in legal system can be an obstacle to interpretation of what
f. Terrorism the crime is
3. Religious and political offenses are not extraditable
PASSIVE PERSONALITY PRINCIPLE
o This does not enjoy wide acceptance Bail in Extradition Cases
o State may apply law, criminal law, to an act committed outside its o Bail may be granted to a possible extraditee only upon a clear and
territory by a person not its national where the victim of the act was convincing showing that
its national 1. He will not be a flight risk or a danger to the community
o Not accepted for ordinary torts or crimes but is increasingly accepted 2. There exist special, humanitarian and compelling circumstances
as applied to terrorist and other organized attacks on a state’s
nationals by reason of their nationality, or to assassination of a state’s
diplomatic representatives or other officials
In affirming that Pinochet did not enjoy immunity from prosecution as a former USA v. Hon. V.M. Ruiz (Philippines)
head of state and could thus be extradited, the House of Lords explained: The traditional rule of State immunity is a necessary consequence of the
a.) Senator Pinochet as a former head of state enjoys immunity principles of independence and equality of States. However, the rules of
rationae materiae in relation to acts done by him in relation to his International Law are constantly developing and evolving. Because state
official function as such. activities have multiplied, it has become necessary to distinguish them
between sovereign and governmental acts, and private, commercial and
b.) However, organization of state torture is not an act committed in proprietary acts.
his official function. The commission of a crime which is an
international crime against humanity and jus cogens cannot be a state The result is that State immunity now extends only to acts jure imperii. A state
function. The principle of individual responsibility for international may be said to have descended to the level of an individual and can thus be
criminal conduct has become an accepted part of international law. deemed to have tacitly given its consent to be sued only when it enters into
business contracts. But this does not apply where the contract relates to the
c.) The notion of continued immunity for ex-heads of state is exercise of its sovereign functions.
inconsistent with the provisions of the Torture Convention which
provides that the international crime of torture can only be committed In this case, repairs of base facilities are an integral part of the naval base
by an official or someone in official capacity. Since the immunity devoted to the defense of both the US and the Philippines, which is a function
applies also to officials who carried out the functions of the state, if of the government not utilized nor dedicated to commercial or business
torture is treated as official business sufficient to justify the immunity, purposes.
then no party would be held liable and the structure of universal
jurisdiction over torture committed by officials is rendered abortive. US v. Hon. Luis Reyes (Philippines)
d.) Thus, Senator Pinochet was not acting in any capacity which gives A claim of immunity by an American official was rejected when shown to have
rise to immunity rationae materiae since authorized and organized been committed outside the scope of her authority as well as contrary to law.
torture are contrary to international law.
In this case, petitioner has denied having bought and sold lands in the ordinary b.) The mere entering into a contract by a foreign state with a private
course of a real estate business. Instead, he claimed that the acquisition of Lot party cannot be construed as the ultimate test of whether or not it is
5-A was for the site of its mission or the Apostolic Nunciature of the an act jure imperii or jure gestionis. If the foreign state is not engaged
Philippines. Respondent failed to dispute such claim. regularly in a business or commercial activity, as in this case, the
particular act or transaction must be then tested by its nature. If it is
* How to claim State immunity? in pursuit of a sovereign activity or an incident thereof, then it is an
- In PIL, a State must request the Foreign Office of the state where it is sued to act jure imperii.
convey to the court that it is entitled to immunity.
- In the Philippines, the foreign government or international organization must c.) The existence alone of a provision in the contract stating that any
first secure an executive endorsement (in whatever form) of its claim of legal action arising out of the agreement shall be settled according to
sovereign or diplomatic immunity. the laws of the Philippines and by a specified court of the Philippines is
not necessarily a waiver of state immunity from suit. It is merely
Republic of Indonesia v. Vinzon (2003) meant to apply where: (a.) the sovereign party elects to sue in the
Petitioner, Republic of Indonesia entered into a Maintenance Agreement with local courts; or (b.) otherwise waives its immunity by any subsequent
respondent, James Vinzon of Vinzon Trade and Services, to maintain specified act. The applicability of Philippine laws include the principle
equipment (aircons, generator sets, electrical facilities, water heaters, water recognizing sovereign immunity.
motor pumps) at the Embassy Main and Annex buildings and that the Wisma
Duta. d.) Submission by a foreign state to local jurisdiction must be clear and
unequivocal, given explicitly or by necessary implication. There is not
Chief of Administration, Minister Counselor Azhari Kasim allegedly found such waiver in this case.
Vinzon’s work unsatisfactory and not in compliance with the agreed standards.
Thus, the Embassy terminated the agreement. e.) The establishment of a diplomatic mission is a sovereign function.
It encompasses its maintenance and upkeep. Hence, the state may
Respondent alleges that the termination was arbitrary and unlawful. Vinzon enter into contracts with private entities to maintain the premises,
filed a complaint in the RTC Makati. Petitioner filed a Motion to Dismiss based furnishings and equipment of the embassy and the living quarter of its
on sovereign immunity from suit as well as diplomatic immunity under the agents and officials.
Vienna Convention on Diplomatic Relations, regarding the suit against
Ambassador Soeratmin and Minister Counsellor Kasim. f.) Under Article 31 of the Vienna Convention on Diplomatic Relations,
a diplomatic agent may be sued in his private capacity for (c.) an
Respondent alleged that the petitioner has expressly waived its immunity from action relating to any professional or commercial activity exercised by
suit based on a provision in the Maintenance Agreement which states that any the diplomatic agent in the receiving State outside his official
legal action arising from the agreement will be settled according to the laws of functions. Bu the acts of the Ambassador and the Minister Counsellor in
George Underhill, a US citizen, had constructed a waterworks system for Environmental Tectonics brought a civil action against Kirkpatrick to seek
Bolivar under a contract with the government and operated a machinery repair damages under the Racketeer Influenced and Corrupt Organizations Act.
business. Gen. Hernandez refused to grant Underhill a passport to leave the
city to coerce him to operate his waterworks and repair works for the benefit Defendant moved to dismiss the complaint on the ground of ―act of state
of the community and the revolutionary forces. doctrine.‖
Underhill files a suit in the US to recover damages for the detention, his SC ruled that the act of state doctrine is inapplicable where the validity of a
alleged confinement to his own house, and for certain alleged assaults and foreign government act is not in question, as in this case.
affronts by the soldiers of Hernadez’s army.
In denying Underhill’s plea, the US court applied the ―act of state doctrine‖:
a.) Every sovereign state is bound to respect the independence of every other CHAPTER 11
sovereign state, and the courts of one county will not sit in judgment on the STATE RESPONSIBILITY
acts of the government of another, done within its own territory.
b.) Redress of grievances due to such acts must be obtained through the means PROTECTION OF ALIENS
open to be availed of by sovereign powers as between themselves. No State is obliged to admit aliens into its territory unless there is a treaty
requiring it
Banco Nacional de Cuba v. Sabbatino Generally, it is difficult to deny admission to all; Hence, States impose
The act of state doctrine is not a rule of international law but of judicial legal standards for admission
restraint in domestic law, embodied by the principle of separation of powers, Once admitted, at least under democratic regimes, aliens may not be
whereby courts refrain from making decisions in deference to the executive expelled without due process
who is the principal architect of foreign relations. Aliens = ―nationals abroad‖
States protect aliens within their jurisdiction in the expectation that their
own nationals will be properly treated when residing or sojourning abroad
Forms of ill-treatment of foreign nationals:
a. Mistreatment by judicial or police authorities
The breach, if any, was committed against the company, hence, only the Enforcement Regimes
company could take action. Whenever a shareholder’s interests are harmed Who can resolve issues of violations of the rights of aliens when appealed
by an act done to the company, it is to the latter that he has to look to to by States in conflict?
institute appropriate action. 1. International Court of Justice
2. Ad-hoc tribunals established for the purpose
As to who should have the right to protect the corporation, it is the State a. US-Iran Claims Tribunal b. UN Compensation Settlements
of Nationality of the corporation, in this case, Canada. 3. Lump-sum Settlements (Claims Settlement Agreements)
a. US-Cambodia b. US-Vietnam
Standard for the Protection of Aliens
Under the Roman Law: DOCTRINE OF STATE RESPONSIBILITY
1. Jus gentium – applicable to both citizens and aliens When an injury has been inflicted, there is need to determine whether the
2. Jus civile – applicable only to Roman citizens State can be held responsible for it
In modern times Internationally wrongful act – committed when a State violates a customary
1. National treatment or Equality of treatment – aliens are treated in the rule of international law or a treaty obligation
same manner as nationals What needs to be understood?
o Bright side: aliens would enjoy the same benefits as local nationals 1. Elements of an Internationally wrongful act
o Dark side: if the State is tyrannical and its municipal laws are harsh 2. Attributability of the wrongful act to the State
and violative of human rights, then aliens would likewise be subject to 3. Enforcement of the obligation that arises from the wrongful act
such laws
2. Minimum International Standard – however harsh the municipal laws
might be, aliens should be protected by certain minimum standards of INTERNATIONALLY WRONGFUL ACT
humane protection No State can escape this responsibility when once it has committed an act
which satisfies the requirements of an ―internationally wrongful act‖
ATTRIBUTION TO THE STATE In order to be able to admit this so-called objective responsibility of the
1. Acts of State Organs State for acts committed by its officials or organs outside their
a. Acts of any State organ whether the organ exercises legislative, competence, they must have acted at least to all appearances as
executive, judicial or any other functions, whatever position it holds, competent officials or organs, or they must have used powers or methods
and whatever its character appropriate to their official capacity.
o Organ – includes any person or body which has that status in
accordance with the international law of the State Applying to the present case, the officers in question consistently
b. Conduct of an entity which is not an organ of the State but which is conducted themselves as officers in the brigade of the Villista general; in
empowered to exercise elements of governmental authority provided this capacity they began exacting the remittance of certain sums of money
the entity was acting in that capacity in the case in question and when Caire refused, they finally shot him.
c. Conduct of an organ placed at the disposal of a State by another State
acting in the exercise of elements of governmental authority of the Under these circumstances, there remains no doubt that, even if they are
State at whose disposal it had been placed to be regarded as having acted outside their competence, the officers have
d. Conduct of a State organ or of an entity empowered to exercise involved the responsibility of the State.
elements of governmental authority, such organ or entity having acted
in that capacity, exceeding its authority or contravening instructions
concerning its exercise CORFU CHANNEL (previous case)
NICARAGUA v. US
CAIRE CLAIM Facts:
Facts: Nicaragua alleges that the mining of Nicaraguan ports or waters was
Caire, a French national, was killed in Mexico by Mexican soldiers after carried out by US military personnel. The President of US authorized a US
they had demanded money from him. Government agency to lay mines in Nicaraguan ports, either in Nicaraguan
internal waters or in its territorial sea, by persons in the pay and acting of
Issue: the instructions of such agency. US did not issue any public and official
w/n Mexico is responsible for actions of individual military personnel acting warning to international shipping of the existence and location of the
without orders or against the wishes of their commanding officers mines; and that personal and material injury was caused by the explosion
of the mines. The imputability to US of these attacks appear therefore to
Held: the Court to be established.
Objective responsibility of the States – responsibility for the acts of the
officials or organs of a State, which may devolve upon it even in the Nicaragua complains also of infringement of its air space by US military
absence of any ―fault‖ on its own personnel. The Court finds that only violations of Nicaraguan air space
imputable to US on the basis of the high altitude reconnaissance flights and
It tends to impute to the State, in international affairs, the responsibility low altitude flights causing ―sonic booms.‖
for all the acts committed by its officials or organs which constitute
offenses from the point of view of the law of nations, whether the official Nicaragua also alleges that US conceived, created and organized a
or organ in question has acted within or exceeded the limits of his mercenary army, the contra force. The Court is not able to satisfy itself
competence. that US created the contra force but holds it largely financed, trained,
equipped, armed and organized the FDN, one element of the force.
HOME MISSIONARY SOCIETY CLAIM (US v. BRITAIN) Claimant relies on the declarations made by the leader of the Revolution.
Facts: While these statements are of anti-foreign and in particular anti-American
The collection of a tax newly imposed by Great Britain on the natives of sentiments, these does not amount to an authorization to revolutionaries
Sierra Leone known as the ―hut tax‖ was the signal for a serious and to act in such a way that the Claimant should be forced to leave Iran.
widespread revolt in the Ronietta district.
In the course of rebellion, all US’ Missions were attacked, and either PRELIMINARY OBJECTIONS
destroyed or damaged, and some of the missionaries were murdered. Claim of denial of justice may be lost due to failure to answer some
preliminary objections
US contends that British Government is responsible for the revolt since it a. Lack of nationality link
wholly failed to take proper steps for the maintenance of order and the b. Failure to exhaust national remedies
protection of life and property, and that the loss of life and damage to o Purpose: to protect international courts from being swamped with
property is the result of such neglect. cases which are better handled locally
o Application: cases founded on diplomatic protection or on injury to
Issue: aliens
w/n the revolt is attributable to the British Government
Held: CHAPTER 12
If follows that the compensation due to German Government is not INTERNATIONAL HUMAN RIGHTS LAW
necessarily limited to the value of the undertaking at the moment of
disposition, plus interest to the day of payment. Such a limitation might FROM ALIEN RIGHTS TO HUMAN RIGHTS
result in placing Germany and the interests protected by Geneva Early concern about human rights was about specific classes of people, e.g.
Convention, in a situation more unfavourable than that in which Germany slaves, minorities, and certain nationalities
and these interests would have been if Poland had respected the said It was not until the birth of the United Nations that human rights of all
Convention. Such a consequence would not only be unjust, but also and people became the subject of legislation
above all incompatible with the aim of the Convention that is the Human Rights – those inalienable and fundamental rights which are
prohibition of the liquidation of property, rights and interests of German essential for life as human beings
nationals and of companies controlled by German nationals in Upper 3 generations of human rights:
Silesia. 1. Traditional civil and fundamental rights
2. Social and economic rights
The essential principle contained in the actual notion of an illegal act is 3. Right to peace, clean environment, self-determination, common
that reparation must wipe out all the consequences of the illegal act and heritage of mankind, development, minority rights
re-establish the situation would have exited if that act had not been
committed. AN EMERGING INTERNATIONAL BILL OF HUMAN RIGHTS
The UN became the cradle for the development of the new international
Restitution in kind, or, if this is not possible, payment of a sum law on human rights
corresponding to the value which a restitution in kind would bear; the
Key obligations assumed by the Organization and its Members:
award, if need be, of damages for loss sustained which would not be
1. Higher standards of living, full employment, and conditions for
covered by restitution in kind or payment in place of its – such are the
economic and social progress and development
principles which should serve to determine the amount of compensation
2. Solutions for international related problems
due for an act contrary to international law.
3. Universal respect for, and observance of, human rights
These, however, do not provide for the definitions of human rights
CALVO CLAUSE REJECTED
THE COVENANT ON CIVIL AND POLITICAL RIGHTS
A provision in a contract to the effect that ―under no condition shall the
The following are substantive rights:
intervention of foreign diplomatic agents in any matter related to the
contract‖ be resorted to
1. Life, Liberty and Property, and Equality
This was rejected in North American Dredging Company Claim due to the
This, however, does not say when protected life begins, whereas the
right to seek redress is a sovereign prerogative of a State and a private
Philippines protects ―the life of the unborn from conception‖
individual has no right to waive the State’s right
There is also no provision on the right to property
A further lawful use of force is envisage whereby the Security Council may take military Traditionally Allowable Coercive Measures
enforcement measures in conformity of the Charter. 1. Severance of Diplomatic Relations
o Reason: there is no obligation to maintain diplomatic relations
These apply to any use of force, regardless of the weapons employed.
o Limitation: not be resorted unless truly necessary because it might
endanger peace
o Suspension involves withdrawal of diplomatic representation but
Individual and Collective Self-Defense not of consular representation
Exception to the prohibition of the use of force
2. Retorsion
Article 51 o Any forms of counter-measures in response to an unfriendly act
o Includes:
Measures taken by Members in the exercise of this right of self-defense shall be a. Shutting of ports to vessels of an unfriendly State
immediately reported to the Security Council and shall not in any way affect the authority b. Revocation of tariff concessions not guaranteed by treaty
and the responsibility of the Security Council to take at any time such action as it deems c. Display of naval forces near the waters of an unfriendly State
necessary in order to maintain or restore international peace and security.
3. Reprisal
o Any kind of forcible or coercive measures where by one State seeks
to exercise a deterrent effect or obtain redress or satisfaction,
directly or indirectly, for the consequences of illegal act of
another State which has refused to make amends for such illegal
acts
o This must be preceded by an unsatisfied demand for reparation
Legality of the Threat or Use of Nuclear Weapons (ICJ 1996) Common Article 3
Cardinal Principles constituting the Fabric of Humanitarian Law: In case of armed conflict not of an international character, persons should
1. States must never make civilians the object of attack and must still be accorded a minimum humanitarian protection
consequently never use weapons that are incapable of distinguishing Prohibited acts:
between civilian and military targets a. Violence like murder of all kinds, mutilation, cruel treatment and
2. It is prohibited to cause unnecessary suffering to combatants torture
b. Taking of hostages
c. Outrages on human dignity
INTERNATIONAL COMMISSION ON RED CROSS d. Passing of sentences and carrying out of executions without previous
Basic Rules Governing Armed Conflicts: judgment pronounced by a regular court
1. Soldier’s Rules International Committee of the Red Cross – an impartial humanitarian body
a. Fight only enemy combatants and attack only military
objectives
b. Prisoners of war must be treated humanely and are bound to Protocol II
give only information about their identity The first and only international agreement exclusively regulating the
c. Looting is prohibited. Respect other’s property. conduct of parties in a non-international armed conflict
2. Fundamental Rules of International Humanitarian Law Applicable to International armed conflict – that which takes place in the territory of a
Armed Conflicts Contracting Party between its armed forces and dissident armed forces or
a. Persons hors de combat and those who do not take a direct other organized armed groups which
part in hostilities are entitled to respect for their lives and Material Field of Application:
moral and physical integrity a. Armed dissidents must be under responsible command
b. It is forbidden to kill or injure an enemy who surrenders or is b. They must ―exercise such control over a part of its territory as to
hors de combat enable them to carry out sustained and concerted military operations
3. Non-International Armed Conflicts and to implement this Protocol
a. Obligation to distinguish between combatants and civilians
b. Prohibition of attacks against the civilian population as such or
against individual citizens INTERNATIONAL TERRORISM
c. Customary rule prohibiting the use of chemical weapons, There is no crime terrorism in Philippines statute books but some acts are
bullets which expand or flatten easily in the human body, considered terroristic and are independently punished by the RPC
poison as means of warfare, and booby-traps
Terrorism Act (British Law) – violent moves against person or property or
against public health and safety which have for their purpose to influence
NEUTRALITY
the government or to intimidate a section of the public or to advance a
To adopt an attitude of impartiality towards the belligerents political, religious or ideological cause
Such attitude must be recognized by belligerents and creates both rights Draft of an International Convention for the Suppression of the Financing of
and duties in the neutral states Terrorism:
Neutrals must not engage in activities which interfere with the activities of o Any person commits an offense of terrorism if he does an act intended to
the belligerents cause:
a. Death or serious bodily injury to any person
b. Serious damage to a State or Government Facility with the intent to
NON-INTERNATIONAL CONFLICTS cause extensive destruction
Civil wars or rebellion do not violate international law Attack on WTC on 9-11 was characterized as Crime against Humanity
International law on armed conflict does not apply to internal conflicts through the atrocious character exhibited by the act: its magnitude,
gravity, targeting of civilians
叶清蓮 & DSP Public International Law P a g e | 33
o The importance of this characterization is that it led to what seems to be Resources should be made available to preserve and improve the
a development in the international law of self-defense environment
Self-defense – legitimate response to an armed attack by a State Rational planning constitutes an essential tool for reconciling any conflict
between the needs of development and the need to protect and improve
the environment
CHAPTER 16 International matters concerning the protection and improvement of the
INTERNATIONAL ENVIRONMENTAL LAW environment should be handled in a cooperative spirit by all countries on
an equal footing
ENVIRONMENTAL CONCERNS Man and his environment must be spared the effects of nuclear weapons
and all other means of mass destructions
Sec. 16, Art. 2 of the Constitution. The State shall protect and advance
the right of the people to a balanced and healthful ecology in accord with 2. Rio Declaration
the rhythm and harmony of nature. Human beings are at the center of concerns for sustainable development
States have the sovereign right to exploit their own resources
The protection of the environment is now also a concern of international In order to achieve sustainable development, environmental protection
law shall constitute an integral part of the development process and cannot be
a. Protection of the atmosphere, the sea, land, flora and fauna considered in isolation from it
b. Preservation of the cultural heritage of mankind The special situation and needs of developing countries shall be given
The protection of the environment is a vital part of contemporary human special priority
rights doctrine, for it is a sine qua non for numerous human rights such as Environmental issues are best handled with the participation of all
the right to health, and the right to life itself concerned citizens, at the relevant level
States shall develop national law regarding liability and compensation for
WHO HAVE ENVIRONMENTAL RIGHTS? the victims of pollution and other environmental damage
Persons capable of having rights States shall immediately notify other States of any natural disasters or
Minors pleading for intergenerational protection (Factoran case) other emergencies that are likely to produce sudden harmful effects on the
environment of those States
SUSTAINABLE DEVELOPMENT Warfare is inherently destructive of sustainable development
A concept adopted by the World Commission on Environment and
Development Some Treaties
This encourages development in a manner and according to methods which a. Vienna Convention for the Protection of the Ozone Layer – the layer of
do not compromise the ability of future generation and other States to the atmospheric ozone above the planetary boundary layer
meet their needs b. UN Conference on Environment and Development – stabilization of
greenhouse gas concentration in the atmosphere at a level that would
EMERGING PRINCIPLES prevent dangerous anthropogenic interference with the climate system
The following are only declarations, they do not have the force of law c. Kyoto Protocol – protection of the atmosphere
1. Stockholm Declaration d. Convention on International Trade in Endangered Species of Wild Fauna
Man has fundamental right to freedom, equality and adequate conditions and Flora
of life, in an environment of a quality that permits a life of dignity and e. Convention on Biological Diversity
well-being, and he bears a solemn responsibility to protect and improve
the environment for present and future generations Regional Treaties
Natural resources of the earth, including the air, water, land, flora and a. Treaty of Rome
fauna and especially representative samples of natural ecosystems, must b. North American Agreement on Environmental Cooperation
be safeguarded c. Protocol on Environmental Protection to the Antarctic Treaty
Man has a special responsibility to safeguard and wisely manage the d. Amazon Declaration
heritage of wildlife and its habitat
The struggle of the peoples of ill countries against pollution should be
supported
States shall take all possible steps to prevent pollution of the seas
叶清蓮 & DSP Public International Law P a g e | 34
CHAPTER 17 3. Principle of National Treatment
INTERNATIONAL ECONOMIC LAW o Prohibits discrimination between domestic producers and foreign
producers
What is International Economic Law? o Once foreign producers have paid the proper border charges, no
In its broadest sense includes all international law and international additional burdens may be imposed on foreign products
agreements governing economic transactions that cross state boundaries or 4. Principle of Tariffication
that otherwise have implications for more than one state o Prohibits the use of quotas on imports or exports and the use of
o Those involving the movement of licenses on importation or exportation
a. Goods e. Technology o Purpose: to prevent the imposition of non-tariff barriers
b. Funds f. Vessels o Exception:
c. Persons g. Aircraft GATT provides for a quantitative and temporary basis for
d. Intangibles balance of payments or infant industry reasons in favor of
Characteristics: developing states
1. It is part of public international law
o Treaties alone make this so Exceptions to Key Principles
2. It is intertwined with municipal law 1. General exceptions
3. It requires multi-disciplinary thinking a. Public morals
4. Empirical research is very important for understanding its operation b. Public health
c. Currency protection
Important Economic Institutions d. Products of prison labor
Objectives of the Bretton Woods Conference of 1944: e. National treasures of historic, artistic or archaeological value
1. To advance the reduction of tariffs and other trade barriers f. Protection of exhaustible natural resources
2. To create a global framework designed to minimize economic conflicts 2. Security exceptions
International Monetary Fund 3. Regional Trade exceptions
o Function: to provide short-term financing to countries in balance of 4. Exceptions for developing nations [Tanada v. Angara]
payments difficulties
International Bank for Reconstruction and Development [World Bank] Dispute Resolution Body
o Provide long-term capital to support growth and development Established by the WTO agreement
International Trade Organization (ITO) Consists of General Council of the WTO
o Promote a liberal trading system by proscribing certain protectionist Operates under the Understanding on Rules and Procedures Governing the
trade rules Settlement of Disputes 1994
o ITO General Agreement on Tariff and Trade (GATT) World Trade a. Each State has a right to establish a Panel
Organization (WTO) b. It provided for a permanent Appellate Body consisting of persons with
WTO recognized expertise in law
o Oversees the operation of GATT and a new General Agreement on
Trade and Services Expanding Scope of International Economic Law
Uruguay Round of 1994 expanded the scope of the multilateral trade
Key Principles of International Trade Law regime
1. Agreed Tariff Levels It includes:
o GATT contains specified tariff levels for each State a. Intellectual property
o However, these can be re-negotiated b. Services
2. Most Favored Nation Principle c. Sanitary and physiosanitary measures
o Embodies the principle of non-discrimination d. Investment
o Any special treatment given to a product from one trading partner e. Strengthening of the rules on subsidies, countervailing duties and ati-
must be available for like products originating from or destined for dumping
other contracting partners International Economic Law affects the sovereignty of States and their
o Tariff concessions capacity to give force to national policy objectives