BINANGKAL FINAL EXAM NOTES (Public Int’l Law)
PUBLIC INTERNATIONAL LAW:
Traditional Definition. A body of rules and
principles of action which are binding upon civilized
states in their relations to one another.
Modern Definition. A law which deals with the
conduct of states and of international organizations
and with their relations inter se as with some of
their relations with persons, whether natural or
juridical.
SCOPE OF INTERNATIONAL LAW
1. Preservation of peace among states
2. Regulation of space expeditions
3. Division of the ocean floor
4. Protection of human rights
5. Management of the international financial
system
6. Regulation of the environment
IS INTERNATIONAL LAW A LAW?
NO.
a. There can be no law binding sovereign states.
b. There exists no int’l legislative body.
 The General Assembly of the United
Nations issue resolutions that are not
binding on anybody.
c. There is no international executive.
 Security Council is hamstrung by the
veto power.
d. There is not central authority that can make
judgments binding on states
 The ICJ can bind states only when states
consent to be bound
YES.
a. By nature, man is constrained to believe that
order is the governing principle of the world in
which he lives.
b. By nature, man respects law because of the
possible consequences of defiance either to
himself or to the larger society.
THEORIES ON INTERNATIONAL LAW
 Command Theory
Law consists of commands originating from a
sovereign and backed up by threats of sanction
if disobeyed.
 Consensual Theory
International Law derives its binding force from
the consent of states.
 Natural Law Theory
Law is derived by reason from the nature of
man.
PUBLIC vs PRIVATE INTERNATIONAL LAW
Public international law = international law
Private international law = conflict of laws
 Public International Law: governs the
relationships b/n and among states and their
relations with int’l organizations and individual
persons.
 Private International Law: domestic law which
deals with cases where foreign law intrudes in
the domestic sphere where there are questions
of the applicability of foreign law or the role of
foreign courts.
MAIN APPROACHES TO INTERNATIONAL LAW
 Naturalist Approach: universally applicable with
rules derived from reason; a doctrine that
human affairs should be governed by ethical
principles understood by reason.
 Positivist Approach: international law is not
based on concepts derived from reason but
rather on the basis of what actually happened in
the conflict between states.
Doctrine of Incorporation
Every State, by reason of its membership in
the family of nations, bound by the generally
accepted principles of International law, which are
considered to be automatically part of its own laws.
Doctrine of Transformation
International law can become part of
municipal law only if it is transformed into
domestic law through appropriate constitutional
machinery.
2 Theories on Domestic Applicability of
International Law
1. Monist Theory- IL and DL comprise one
legal system. IL automatically becomes
domestic law.
2. Dualist Theory- IL and DL are different
legal systems. IL does not become
obligatory to its citizens until the state
passes a corresponding DL containing its
provisions.
Section 2 of Article II of the 1987 Constitution
limited to the adoption of “generally accepted
principles of IL” as part of the law of the land.
Where there appears to be a conflict between IL and
ML, efforts should first be exerted to harmonize
them, as to give effect to both. For this purpose, it
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should be presumed that ML was enacted with c. Judicial Decisions

proper regard for the generally accepted rules of IL. d. Writings of Jurists

Suppose however, that the conflict is irreconcilable? SOURCES OF INTERNATIONAL LAW

(Inchong v Hernandez) The statute that should be
1. Custom
upheld because it represented an exercise of the 2. Treaties
police power which, being inherent, could not be 3. International Agreements
bargained away or surrendered through the medium 4. Generally Recognized Principle of law
of treaty. 5. Judicial decisions
6. Teaching of highly qualified publicists
Municipal law was also upheld against IL (Gonzales
v Hechanova) on the basis of the doctrine of PRINCIPLE OF JUS COGENS
separation of powers.
- Unique class of customary laws
Conflict between IL and DL: International Rule - This group of fundamental norms is superior
to other sources of international law and
Before an international Tribunal, a state may not need not be agreed upon by the states in a
plead its own law as an excuse for failure to comply treaty in order to form part of their
with IL jurisprudence.
Exception: Article 46 of the Vienna Convention- in Elements
cases where the constitutional violation was
manifest and concerned a rule of its internal law of a. It is a peremptory norm of general
fundamental importance. international law;
b. It is accepted and recognized by the
Manifest- objectively evident to any State international community
conducting itself in the matter in accordance with c. There can be no derogation therefrom;
normal practice and in good faith. d. It can be modified only by a subsequent
norm of general international law having
Conflict between IL and DL: Municipal Rule the same character.
Domestic courts are bound to apply the local law Universally accepted Norms
Should a conflict arise between an international 1. Rights against slavery
agreement and the Constitution, the treaty would 2. Genocide
not be valid and operative as domestic law 3. Acts of Aggression
4. Racial Discrimination
Article 8, Section 5 of the Constitution explicitly
recognizes the power of the Supreme Court to Peremptory Norm (Art 53 of the Vienna
declare a treaty unconstitutional; however, even Convention)
declared unconstitutional, the treaty will not lose its
- Is a norm accepted and recognized by the
character as an international law.
international community of States as a
CLASSIFICATION OF SOURCES whole as a norm from which no derogation
is permitted and which can be modified only
1. Formal Sources- various processes by which by a subsequent norm of general
rules come into existence. international law having the same character.
a. Legislation
b. Treaty-making Theories of IL
c. Judicial Decision making
d. Practice of States 1. Command Theory - law consists of
2. Material Sources- identify what the commands originating from a sovereign
obligations are. backed up by threats or sanctions if
a. Treaties disobeyed.
b. State Practice

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2. Consensual Theory-IL derives its binding Subject Object

force from the consent of the states.
3. Natural law theory- posits that law is Entities endowed with Those who indirectly
derived from nature of men. rights and obligations in have rights under or
the international order beneficiaries of
BASIS OF PIL – 3 SCHOOLS OF and possessing the international law
THOUGHT capacity to take certain through subjects of
kinds of action on the international law
1.Naturalist
international plane
PIL is a branch of the great law of nature–
Example: States,
the sum of those principles which
ought to control human conduct, being Colonies, dependencies,
founded on the very nature of man as a mandates, trust
rational and social being. [Hugo Grotius] territories, Vatican City,
PIL is binding upon States UN, Belligerent
2. Positivist communities and
Basis is to be found in the international
consent and conduct of States.
administrative bodies
Tacit c o s n s e n t i n t h e c a s e o f
customary international law.
Express in conventional law. State
Presumed in the general law of nations. -a group of people, living together in a fixed
[Cornelius van Bynkershoek] territory, organized for political ends under an
3. Groatians or Eclectics independent government and capable of entering
Accepts the doctrine of natural law, into international relations with other states.
but maintained that States
were accountableo n l y t o t h e i r o Elements:
wn conscience for theobser 1. People
vance of the duties impose 2. Territory
3. Government
d b y natural law, unless they had
4. Sovereignty
agreed to be
bound to treat those duties as Classes of States
p a r t o f positive law. [Emerich von
Vattel] 1. Independent- has freedom to direct and control
Middle ground foreign relations without restraint from other states.
Public International law v Private International Law A. Simple – single central govt. with power
over internal and external affairs
PUBLIC PRIVA`TE B. Composite- two or more sovereign states
INTERNATIONAL INTERNATIONAL joined together to constitute one international
LAW LAW (CONFLICTS OF person
(INTERNATIONAL LAW) b.1 Real Union- two or more states merged
together under act a unified authority so that they
LAW)
for a single international person through which they
Governs the relationship Domestic law which act as one entity
between and among the deals with cases where b.2 Federal Union- combination of two or
more states, which upon their merger ceases to be
states and also their foreign law intrudes in states, resulting in the creation of a new state with
relations with the domestic sphere full international personality to represent them in
international where there are their external relations. Authority over internal
organizations and questions of the affairs: divided between federal authorities and
individual persons applicability of foreign member-states; over external affairs: federal
law or the role of authorities.
foreign courts
2. Dependent- an entity which does not have full
freedom in the direction of its external affairs.
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A. Protectorates- established at the request
of the weaker state for the protection by a strong
power
B. Suzerainty- result of a concession from a
state to a former colony that is allowed to be
independent subject to the retention by the former
sovereign of certain powers over external affairs
C. Neutralized- whose independence and
integrity are guaranteed by an international treaty
on the condition that such states obligates itself
never to take arms against any other states or to
enter into an international obligation as would
indirectly involved war.
Other Elements;
1. Civilization
2. Recognition- act by which a state acknowledges
the existence of another state, a government or a
belligerent community and indicates its willingness
to deal with the entity as such under international
law.
Recognition of States
1. Constitutive (Minority) – recognition is
compulsory and legal; can demand recognition if
the elements of a state are established.
2. Declarative (Majority) – recognition
merely affirms an existing fact and that being a state
depends upon its possession of the required
elements and not upon recognition.
Rule on Recognition: Political Act and mainly a
matter of policy; discretionary on the part of
recognizing authority; exercised by executive
department
Creation of States:
1. Revolution
2. Unification
3. Secession
4. Assertion of independence
5. Agreement
6. Attainment of Civilization
Extinction of States:
1. Emigration en masse of its population
2. Loss of territory
3. Overthrow of government resulting to anarchy
Principle of State Continuity
- State continues as juristic being
notwithstanding changes in its
circumstances, provided that such changes
do not result in the loss of any of its
essential elements.
a. Succession of States
1. Universal
2. Partial
b. Succession of Government
-does not affect the integrity of the state only
change of representative
Recognition of Government
- The act of acknowledging the capacity of an
entity to exercise powers of government.
Requirements:
1. Stable and effective government
2 No substantial resistance to its authority
3. Willingness and ability to discharge its
international obligations
4. Enjoy a popular consent or approval of the people
Kinds: Express or Implies
a. De facto- some of the requirements for
recognition are absent. Provisional and limited to
certain juridical relations; no full diplomatic
intercourse
b. De jure- government fulfilling the requirements
for recognition. Recognition is permanent; full
diplomatic intercourse
Effects of Recognition:
1. Diplomatic relations
2. Right to sue in the courts of the recognizing
states
3. Immunity from jurisdiction
4. Entitlement to property within the recognizing
state
5. Retroactive validation of the acts of the
recognized state/government
Doctrines:
1. Tobar/Wilson Doctrine- precludes recognition
of any government established by revolutionary
means until constitutional reorganization by free
election of representatives
2. Stimson Doctrine- no recognition of a
government established through external
aggression.
3. Estrada Doctrine- a state may not issue
declaration giving recognition to such government
but merely accepts whatever government is in
effective control without raising the issue of
recognition
Recognition of Belligerency Conditions:
1. Organized civil government having control or
supervision over the armed struggle
2. Serious and widespread struggle with the
outcome uncertain
3. Occupation of a substantial portion of the
national territory
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4. Willingness on the part of the rebels to observe
the rules/customs of war.
Effects of Recognition of Belligerency:
1. Responsibility for acts of rebels resulting in
injury to nationals of the recognizing state shall be
shifted to the rebel government
2. The legitimate government recognizing the rebels
shall observe the laws of war in conducting
hostilities
3. Third states recognizing the belligerency shall
maintain neutrality
4. Recognition is only provisional and only for the
purpose of hostilities
Colony
- Dependent political community consisting
of a number of citizens of the same country
who have migrated therefrom to inhabit
another country but remain subject to the
mother state.
Dependency
- A territory distinct from the country in
which the supreme sovereign power resides
but belongs rightfully to it, and subject to
the laws and regulations which the sovereign
resides.
Mandates
- Were former territorial possessions of the
states defeated in WW1
Trust territories
- Put under the Trusteeship Council
UNITED NATIONS (196 members)
Purpose: Prevention of war, maintenance of
international peace and security, development of
friendly relations among nations
UN Charter
- A constitution that basically governs the
relations of international persons
- A treaty, contract which the parties must
respect under the doctrine of pacta sunt
servanda
A. Amendment
1. By a vote2/3 of the members of the GA
and ratified by 2/3 members of the members of UN
(including the members of SC)
2. Majority vote of the GA and any nine
members may propose amendment by 2/3 vote of
the conference and shall take effect upon ratification
by the 2/3 of the members of UN including the
members of SC
Membership
Classes
1. Original
2. Elective
Qualifications:
1. Peace loving
2. Accepts the obligations under the Charter
3. Able and willing to carry out the obligations
Admission: 2/3 of those present and voting in the
GA upon recommendation of at least 9 members of
the SC
Suspension: 2/3 of those present and voting in the
GA upon recommendation of at least 9 members of
the SC
Effects:
1. Cannot participate in the meetings of the GA
2. Cannot be elected to continue to serve in the SC,
ECOSOC and TC
Expulsion: 2/3 of those present and voting in the
GA upon recommendation of a qualified majority of
the SC
Ground: Persistently violation the principles in the
UN Charter
Principal Organs of UN
1. GA
Composition: All members of the UN (Each
can send 5 reps and 5 alternates) One vote/member
Functions:
1. Deliberative- initiating studies and making
recommendations of IL
2. Supervisory- receiving and considering annual
and special reports
3. Financial – consideration and approval of budget
and approval of budget
4. Elective- election of non-permanent members of
the SC, etc
4. Constituents- admission of members and
amendment of the Charter
Regular Session – once a year
Important questions- decided by 2/3 of the majority
of the members voting and present
Other questions-simple majority
2. Security Council
Composition: 5 Permanent Members (China,
US, UK, France, Russia) + 10 elective members (5
from African and Asian, 2 from Latin American,
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2from Western European and 1 from Eastern
European) – 2 year terms
Functions:
1. Maintenance of International peace and security
2. Investigate disputes and call disputants to
settlement
3. Determine the existence of threats to peace,
breach of peace and make appropriate
recommendations
4. To undertake preventive and enforcement actions
a. Preventive Action- consist of provisional
measures to prevent a conflict from worsening and
may involve the deployment of peace keeping and
observer missions
b. Enforcement Action- deployment of air,
sea and land forces or in the institution of a
blockade
Domestic Jurisdiction Clause
-SC may take necessary steps if the dispute
is international not domestic in character
1. Doctrines:
2. 1. Tobar/Wilson Doctrine- precludes
recognition of any government established
by revolutionary means until constitutional
reorganization by free election of
representatives
3. 2. Stimson Doctrine- no recognition of a
government established through external
aggression.
4. 3. Estrada Doctrine- a state may not issue
declaration giving recognition to such
government but merely accepts whatever
government is in effective control without
raising the issue of recognition
5.
Double Veto
-the veto power wielded solely by the five
permanent members of the United Nations Security
Council (China, France, Russia, United Kingdom,
and United States), enabling them to prevent the
adoption of any "substantive" draft Council
resolution, regardless of the level of international
support for the draft. The veto does not apply to
procedural votes, which is significant in that the
Security Council's permanent membership can vote
against a "procedural" draft resolution, without
necessarily blocking its adoption by the Council.
-The veto is exercised when any permanent
member—the so-called "P5"—casts a "negative"
vote on a "substantive" draft
resolution. Abstention or absence from the vote by a
permanent member does not prevent a draft
resolution from being adopted.
Uniting for Peace Resolution
- states that in any cases where the Security
Council, because of a lack of unanimity amongst its
five permanent members, fails to act as required to
maintain international peace and security,
the General Assembly shall consider the matter
immediately and may issue any recommendations it
deems necessary in order to restore international
peace and security. If not in session at the time the
General Assembly may meet using the mechanism
of the emergency special session.
3. ECOSOC (Economic and Social Council)
- 54 members elected by the GA for a 3-year
term
Functions:
1. Higher standard of living
2. Conditions of economic and social progress
4. TC
-assist the SC and the GA in the
administration of the International Trusteeship
System
5. Secretariat
-chief administrative organ of the UN
-headed by Sec-General
6. ICJ (International Court of Justice)
-principal judicial organ of the UN
Composition: 15 members who are elected for a 9-
year term
1. Advisory opinions – upon request of the GA, SC
or other organs upon recommendation of the GA
2. Contentious cases
a. Interpretation of treaties
b. Questions of IL
c. Existence of facts constituting break of
international obligations
d. Nature/extent of the reparation to be made
for the breach of international obligation
Jurisdiction of ICJ:
1. Ad hoc
2. Compromisory Clause- treaty under jurisdiction
of ICJ
3. Compulsory- member state
Fundamental Rights of States
1. Right to existence and Self-Preservation
2. Right to Sovereignty and Independence
3. Right to equality
4. Right to Property and Domain
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5. Right to Diplomatic Intercourse done within the territory of the latter

(Underhill v Hernandez)
1. RIGHT TO EXISTENCE and SELF
PRESERVATION DOCTRINE OF STATE IMMUNITY
 right to collective self-defense GR: A state enjoys immunity from the
-if an armed attack occurs, until the SC has exercise of jurisdiction by another state
taken measures EX: Unless it has given its
Aggression consent
- the use of armed force by a state against a Waived its immunity
sovereignty, territorial integrity or political Voluntary submits to the
independence of another state jurisdiction of the court concerned.
Can only be invoked with respect to PUBLIC
2. RIGHT TO SOVEREIGNTY AND ACTS!
INDEPENDENCE
Jure Imperii Jure Gestonis
SOVEREIGNTY INDEPENDENCE
imperial, public acts of the commercial activities
-the totality of the -freedom to conduct the government of a of a state. (US v. Guinto
powers, legal foreign relations without state (US v Ruiz)
competence and outside control
privileges of a state
arising from customary 4. RIGHT TO TERRITORIAL INTEGRITY
international law and AND JURISDICTION
not dependent on the
consent of another state TERRITORY
- Fixed portion on the surface of the earth on
which the state settles and over which it has
Intervention supreme authority.
- act by which a states interferes in the Components:
domestic or foreign affairs of another state 1. Terrestial
through the use of force or threat of force. 2. Aerial
(Nicaragua v US) 3. Fluvial
- prohibited by Drago Doctrine 4. Maritime

DRAGO DOCTRINE LAND DOMAINS

- it set forth the policy that no foreign power, Modes of Acquisition:
including the United States, could use force 1. Discovery and Occupation
against a Latin America nation to
collect debt. Discovery Occupation

PORTER RESOLUTION -not enough to establish Acquisition of terra

- sovereignty. It must be nullius, belonged to no
accompanied by state or have been
CALVO DOCTRINE effective control. abandoned by prior
- proposed to prohibit diplomatic occupant
intervention before local resources were exhausted.

3. RIGHT TO EQUALITY 2. Prescription

-equal in law, right of sovereignty, GROITUS DOCTRINE OF
personality, territorial integrity and political IMMEMORAL PRESCRIPTION
independence must be respected by others. - Speaks of uninterrupted possessing going
beyond memory
ACTS OF STATE DOCTRINE
- A state should not inquire into the legal 3. Cessation (by treaty
validity of the public acts of another state A. Voluntary
 Treaty of sale
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 Treaty of Donation
B. Involuntary/Forced
4. Conquest
- no longer recognized (Stimson Doctrine)
5. Accretion
-increase of land area of the sate
FLUVIAL/MARITIME DOMAINS
1. Internal waters
-bodies within the land mass
-all waters on the landward side of the
baselines of the territorial sea
A. Rivers
1. National boundary-divides territories of
states
2.International-which flows through various
states
Doctrines.
1. Thalweg Doctrine
For boundary rivers, in the absence of an
agreement between the riparian states, the boundary
line is laid on the middle of the main navigable
channel
2. Middle of the bridge doctrine
Where there is a bridge over a boundary
river, the boundary line is the middle of the bridge.
B. Bays and Gulfs
C. Straits- narrow passageways connecting two
bodies of water.
D. Canals
2. Archipelagic Waters
Archipelagic Doctrines – the water around,
between and connecting the islands of the
archipelago, regardless of its breadth and
dimension, are to be treated as internal waters
Straight baseline method
Drawing a straight baselines connecting the
outermost point of the islands to determine the
extent of archipelagic waters.
Right of Innocent Passage
- Allowed in Archipelagic Waters
- Passage is innocent so long as it is not
prejudicial to the peace, good order or
security of the coastal State.
3. Territorial Sea
-12 nautical miles from the low water mark
or baselines
- right of innocent passage is allowed,
however the passage must be continuous and
expeditious except in cases of force majeure.
4. Contiguous Zone
-12 nautical miles from the territorial sea
Limited jurisdiction:
1. To prevent infringement of customs, fiscal,
immigration and sanitary laws
5. EEZ
-200 nautical miles from the baselines
-coastal state may exercise sovereign rights
over economic resources
6. Continental Shelf
-sea bed and sub soil
7. High Seas
- res communes/res nullius
-not a territory of any particular state.
FREEDOM OF NAVIGATION
-right to sail ships on the high seas, subject
only to IL and the laws of the FLAG state
AERIAL DOMAINS
- Complete and exclusive sovereignty over
the air space above its territory but shall not
include outerstate
5 Freedoms
1. To fly across the territory without landing
2. Land for non-traffic purposes
3. Land to put down passenger, mail, cargo of flag
territory
4. Land to take passengers
5. Put down passengers from these territories
*Intrusions into the airspace by a civilian aircraft
maybe intercepted but in no case shall the
interception be attended with the use of weapon
(Resolution of Intl Aviation Org)
Outer Space
- Free for use and exploration
Theories where outer space begins
1. lowest altitude for artificial satellites to orbit
without being destroyed by frictions (90km above
earth)
2. theoretical limits of air flights (84 km)
3. functional approach, not based on boundaries but
on the nature of the activity undertaken
JURISDICTION
-the power or authority exercised by a state
over land, persons, property, tractions and events.
Bases of Jurisdiction
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1. Territorial Principle
-state may exercise jurisdiction only within
its territory
2. Nationality Principle
-state has jurisdictions over its nationals
even when those nationals are outside the state
3. Principle of Universality
-state has jurisdictions over offenses
considered as universal crimes regardless of where
committed and who committed them.
4. Principle of Passive Personality
-state may apply law-particularly criminal
law-to an act committed outside its territory by a
person not its national where the victim of the act
was its national.
5. Protective Principle
-state has jurisdiction over acts committed
abroad which are prejudicial to its national security
or vital interest
Exemptions from Jurisdictions:
1. Acts of State Doctrine
2. Diplomatic Immunity
- part of customary IL which grants
immunity to diplomatic representatives.
-Head of state enjoys personal immunity
from the jurisdiction of another state.
1961 Vienna Convention on Diplomatic Relations
-the right of the foreign State to acquire
property in the receiving state for its diplomatic
mission as well as the immunity of the diplomatic
envoy from civil jurisdiction of the receiving state
over any real action relating to immovable property
which the envoy hold on behalf of the sending state
(Holy See v del Rosario)
Immunity of the UN, its organs, Specialized
Agencies and other IO
- Enjoy state immunity as are necessary for
the independent exercise of their functions.
REASON:
1. To secure them from legal and practical
independence in fulfilling their duties (Lasco v UN
Revolving Fund Resources Exploration)
2. To shield the affairs of IO in accordance with
international practice, from political pressure or
control by the host country and to ensure the
unhampered performance of their functions
(International Catholic Migration v Calleja)
*WHO official is entitled to the privileges and
immunities of diplomatic envoys (WHO v Aquino)
*International agency enjoys immunity from the
legal writs and processes of the Philippines
(SEAFDEC v NLRC)
ARRIVAL UNDER STRESS (Involuntary entrance
of foreign vessels)
- May be due to lack of provisions,
unseaworthiness of the vessel, inclement
weather and other case of force majeure
WARSHIIPS and other public vessels
GR: Crew members are immune from local
jurisdiction (Schooner Exchange v
MacFaddon) (floating territory of the flag
state)
EX: Crew violate local laws while on
furlough or off-duty
ENGLISH RULE
- Coastal state shall have jurisdiction over all
offenses committed on board the vessel
except those which does not compromise the
peace of the port (US v Look Chaw &
People v Wong Cheng)
FRENCH RULE
- Flag state shall have jurisdiction over all
offenses committed on board except those
which compromise peace of the port
*Vessel shall have the nationality of the flag it flies
provided there is a genuine link between the state
and the vessel
DOCTRINE OF HOT PURSUIT
- If an offense is committed by a foreign
merchant vessel within the territorial waters
of the coastal state or if the coastal state has
good reason to believe that such an offense
has been committed , the said state vessel
may pursue the offending vessel into the
open seas and upon capture bring it back to
its territory for punishment
- The pursuit must have begun before the
offending vessel has left the territorial
waters/contiguous zone of the coastal state;
the pursuit must be continuous and unbated;
and it ceases as soon as the ship being
pursued enters the territorial sea of its own
or of a third state.
MUTATIS MUTANDIS
- The right of hot pursuit shall also apply to
violation of applicable laws and regulations
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 BINANGKAL FINAL EXAM NOTES (Public Int’l Law)
of the coastal state in the EEZ or the
continental shelf
PRINCIPLE OF EXTRATERRITORIALITY
1. Assertion of personal jurisdiction over its national
abroad
2. By virtue of its relations with other states
(Protectorate/condominium)
3. As consequence of waiver of jurisdiction by the
local state
4. Exemption from jurisdiction on the basis of
international custom
*Principle of extra-territoriality-exemption
based on treaty/convention
5. Through enjoyment of easements and servitude
5. RIGHT OF LEGATION/DIPLOMATIC
INTERCOURSE
- refers to the right of the State to send and
receive diplomatic missions, which enables states to
carry on friendly intercourse
-not inherent but exists only by common
consent
-no liability for refusing to send or receive
diplomatic intercourse
AGENTS OF DIPLOMATIC INTERCOURSE
1. Head of State
- his quarters, archives, property and means
of transportation are inviolable
- immune from criminal and civil
jurisdiction except if he is the plaintiff
- not subject to tax or exchange or currency
restrictions
2. Foreign Office
- the actual day-to-day conduct of foreign
affairs
-headed by Secretary/Minister (may make
binding declarations on behalf of his govt)
3. Resident Missions
A. Head of Mission
a.1 Ambassadors/nuncius
a.2 Envoys, Ministers, Internuncius
a.3 Charges d’affaires
B. Diplomatic Staff
C. Administrative and Technical Staff
D. Service Staff
4. Diplomatic Corps
Appointment of Envoys
- President usually appoints
*Sending state is not absolutely free in the choice of
its diplomatic representatives because the receiving
state has the right to refuse to receive
Agreation
- States resort to an informal inquiry as to the
acceptability of a particular envoy to which
the receiving state responds with informal
conformity
Requirements for Diplomatic envoy
1. Letter de creance- letter of credence, with the
name and rank and general character of the mission
2. Diplomatic passport- authorizing his travel
3. Instructions- include a document of full powers
authorizing him to negotiate on
extraordinary/special business
4. Cipher- code or secret key for communications
with his country
Functions:
1. Representing the sending state in the receiving
state
2. Protecting in the receiving state the interests of
the sending state and its nationals
3. Negotiating with the government of the receiving
state
4. Ascertaining, by all lawful means, the conditions
and development in the receiving state and
reporting these to the sending state
5. Promoting friendly relations
Personal Inviolability
- Diplomatic Representative shall not be
liable to any form of arrest or detention
- May be arrested temporarily in case of
urgent danger or when he commits violence
which makes it necessary to put him under
restraint
Inviolability of Premises and Archives
GR: Premises of diplomatic mission and
private residence of the diplomatic agent are
inviolable (cannot be entered or searched)
EX: Extreme Cases of Necessity
1. Premises on fire
2. Where there is imminent danger
that a crime of violence is to be perpetuated
*Service of writs, summons, orders within the
premises is PROHIBITED
*Even if criminal take refuge, police officers
CANNOT BREAK into such premises. However it
can be surrendered upon demand of the local
authorities (except: RIGHT TO ASYLUM exists)
*Ambassador request local assistance, privilege
CANNOT BE INVOKED.
Right of Official Communication
-right of the envoy to communicate with his
govt
Diplomatic pouch and diplomatic courier enjoy
inviolability
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 BINANGKAL FINAL EXAM NOTES (Public Int’l Law)

8. Baggage and Effects free

Immunity from Local Jurisdiction
GR: Diplomatic agent is immune
EX: When the immunity is waived
*Does not mean exemption from local law.
Only exemption from local jurisdiction (Dickenson
v Del Solar)
from inspection
DURATION OF IMMUNITY: from the moment he
enters the receiving state and shall only cease only
the moment he leaves the country or expiration of
his term

Immunity from Civil Jurisdiction WAIVER OF IMMUNITY

GR: His properties are not subject to -maybe waived but cannot be made by the
garnishment, seizure individual concerned; only the government of the
EX: 1. Any real action relating to sending state can waived such immunity.
private immovable property situated in the territory
of the receiving state TERMINATION
EX to EX: He holds it on 1. Death
behalf of the receiving state 2. Resignation
2. An action relating to 3. Removal/Abolition of Office
succession in which the diplomatic agent is 4. Recall
involved as executor, administratrix or heir/legatee 5. Dismissal
as a private person 6. War
3. An action relating to any 7. Extinction
professional/commercial activity exercised by the
diplomatic agent outside his official functions CONSULAR RELATIONS

*Immunity from Testimonial Dispositions KINDS

RULE ON RECIPROCITY
RA 75
- Any writ or processes issued out by any
person of any ambassador is VOID
Not covered by RA 75:
1. Citizens/inhabitants of the Philippines
where the process is founded upon a debt
contracted before his employment in the
diplomatic service
2. Domestic servants of the ambassadors
whose names are not registered with the DFA
1. Consules Missi- professional and carrel consuls
and nationals of the appointing state
2. Consules Electi- selected by the appointing state
from its own citizens or from among nationals
abroad
Ranks
1. Consul General – heads consular districts
2. Consul- takes charge of a small district
3. Vice Consul- who assists the consul
4. Consular Agent- entrusted with the performance
of certain functions

CHILDREN born to him while the ambassador Appointments:

possesses diplomatic are regarded as born in the 1. Letter of Patent- letter of
territory of his home state. appointment/commission
2. Exequatur- authorization, allowing him to
Taxes and Foreign duties exercise his function
GR: Exempted from dues and taxes
EX: 1. Indirect taxes (price of Function: Commerce and Navigation, Issuance of
goods/services) Visa
2. Dues and taxes on private
immovable property (holding in private capacity) TREATY
3. Estate, succession or - International agreement concluded between
inheritance taxes states in written form and governed y IL,
4. Taxes due on private whether embodied in a single instrument or
incomes in two or more instruments
5. Charges levied for specific
service rendered TREATY EXECUTIVE
6. Registration, court/records AGREEMENT
fees with respect to immovanle
7. All customs duties Refer to basic political -refer to adjustments of

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 BINANGKAL FINAL EXAM NOTES (Public Int’l Law)

issues, changes in detail carrying out a well representatives/organ

national policy and established national duly empowered
permanent policies and temporary
international arrangements (requires no 3. Freedom of consent
arrangements (requires concurrence)
concurrence of the
senate for validity)
DOCTRINE OF UNEQUAL TREATIES
International Municipal - Treaties which have been imposed through
significance coercion/duress by a State of unequal
character is VOID
Agreement which fall
short of treaties (exchange DOCTRINE OF JUS COGENS
of notes - Treaty whose provisions contravene such
norms/rules maybe invalidated
Will of the Parties Subject Matter:
TREATY-MAKING PROCESS
a. Declaratory – 1. agreement which are 1. Negotiation
affirming/confirming made pursuant to/in -refer to the discussion of the provisions of
the existence of certain accordance with existing the proposed treaty undertaken by the
principles of IL legislation representatives of the contracting parties (FULL
POWERS/PLEINS POUVOIRS-document
b. Lawmaking- 2. agreement subject to emanating from competent authority of a state
propose certain rules to congressional designating a person/persons to represent the state
guide the signatories in approval/implementation for negotiating adopting, authenticating the text)
2. Signing of the treaty
their future relations
3. agreement made under PRINCIPLE OF ALTERNAT
and in accordance with the - An arrangement under which each
negotiator is allowed to sign on the copy of
President’s constitutional
the treaty which he will bring home to his
power own country for the purpose being to
Functions: preserve the formal appearance of equality
among the contracting states and to avoid
1. Enable the parties to delicate questions of precedence among the
settle finally actual and signatories.
3. Ratification
potential conflicts
- the act by which the provisions of a treaty
2.Make it possible to are formally confirmed and approved by a state and
by which the state expresses its willingness to be
modify rules of
bound by the treaty.
international
customary law ACCESSION (ADHESION) – process by which a
non-signatory state becomes a party to a treaty.
3. To pave way (through invitation or permission of the contracting
transformation of parties)
unorganized society 4. Reservation
- unilateral statement, made by a state when
4. To provide growth signing, whereby it purports to exclude or modify
of international the legal effect of certain provisions of treaty in
customary law their application to that state.

Essential Requisites of EFFECTIVITY:

a valid treaty: GR: On the date agreed upon the parties
Absence of the agreement:
1. Capacity to Contract a. upon the exchange of the instrument for
ratification
2. Competence of the
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 BINANGKAL FINAL EXAM NOTES (Public Int’l Law)
b. upon signature
MOST FAVORED NATION CLAUSE
- A clause inserted in many treaties
(commercial) by which there are granted to
the parties, advantages, similarly conferred
or which maybe conferred upon third
persons
MOST FAVORED NATION TREATMENT
- A clause inserted in a treaty according to
which each of the signatories thereto agrees
to accord to the national of the other
signatories whatever right and privileges it
may accord to the national of a third state-
signatory or not.
INTERSTATE AGREEMENTS
1. Convention- usually relating to some specific
subject
2. Protocol/Proces verbal – usually less formal
than a convention/supplementary instrument
3. Modus Vivendi- prescribes in detail the line
of conduct which will be followed in interstate
relations under certain conditions
4. Declarations – reciprocal agreements relating
to rights and privilege of the nationals of the
States.
5. Cartels- agreement between belligerents in
regard to intercourse in times of war
6. Sponsions/Agreement sub rati- agreement
tentatively made between representatives of
states not properly commissioned/ in excess of
authority
7. Treaties of guaranty- agreement through
which one or more powers engage to maintain,
to aid in maintaining or not to interfere with,
given conditions or right
8. Compromis d’ Arbitrage- agreement to refer
to arbitration some matters in dispute
9. Pact- used at times to mean treaty
10. Concordants- agreements entered into by the
Pope with the heads of foreign states
11. Pactum de contrahendo – preliminary
agreement on certain points to be included in a
treaty
12. Note Verbale- diplomatic communication
prepared n the 3rd person and unsigned.
14.Comitas Gentium- comity or courtesy among
nations
PACTA SUNT SERVANDA
- Treaties must be observed in good faith. If
necessary that state concerned must even
modify its national legislation and
constitution to make them conform to the
treaty to avoid international embarrassment.
REBUD SIC STANTIBUS
- The contracting State’s obligations under a
treaty terminates when a vital/fundamental
change of circumstances occurs, thus
allowing a State to withdraw from a treaty.
Requisites:
1. The change must be so substantial that are
foundation of the treaty must have altogether
disappeared
2. The change must not have been
unforeseen/unforeseeable at the time of the
perfection of the treaty.
3. The change must not have caused by the
party invoking the doctrine
4. The doctrine must be invoked within a
reasonable time
5. The duration of the treaty must be
indefinite
6. The doctrine of the treaty must be
indefinite
7. The doctrine cannot operate retroactively
NATIONALITY AND STATELESSNESS
Nationality – membership in a political community
with its concomitant rights and duties
It is for each state to determine under its
own law who are its citizens
Modes of Acquisition:
1. Birth
-Jus Sanguinis
-Jus Soli
2. Naturalization
3. Repatriation
4. Subjugation
5. Cession
Loss of Nationality
1. Release
2. Deprivation
3. Renunciation
4. Substitution
PRINCIPLE OF EFFECTIVE NATIONALITY
- If a person ha s more than one personality,
he shall within a 3rd State, be treated as if he
had only one; the 3rd State shall recognize
exclusively either the nationality of the state
in which he habitually and principally
resident or the nationality with which he
appears in fact to be most closely connected.
STATELESSNESS
- The status of having no nationality as a
consequence of being born without any
nationality, or as a result of deprivation or
loss of nationality.
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 BINANGKAL FINAL EXAM NOTES (Public Int’l Law)
STATELESS REFUGEES
Someone who is not Any person outside the
recognized by any country of his nationality,
country or it he has no nationality,
the country of his former
habitual residence,
because he has a well-
founded fear of
prosecution by reason of
his race, religion,
nationality, political
opinion and is unable or
because of such fear, is
unwilling to avail himself
of the protection of the
govt of the country of his
nationality, or he has no
nationality, to return to the
country of his former
habitual residence
Essential elements:
1. Outside the country of
his nationality/habitual
residence
2. Lacks national
protection
3. Fear of Prosecution
Non-refoulement
- No contracting
state shall
expel/return a
refugee in any
manner
whatsoever, to the
frontiers of
territories where
his life/freedom is
threatened
ASYLUM
-power of the state to allow alien who has
sought refuge from prosecution or persecution to
remain within the territory and under its protection
1. Territorial Asylum- exists only when stipulated in
a treaty, depends on liberal attitude of the receiving
state
2. Diplomatic Asylum- when the life/liberty of the
person is threatened by imminent violence
EXPULSION/DEPORTATION
-the stay of alien constitutes a menace to the
security of the state of that his entry was illegal or
that permission to stay has expired or he has
violated any limitation/condition prescribed in his
permission to stay
RECONDUCTION
- The forcible conveying of aliens back to
their home state.
DOCTRINE OF STATE RESPONSIBILITY
- A state is under obligation to make
reparations to another state for the failure to
fulfill its primary obligation to afford, in
accordance with IL, the proper protection
due to the alien national of the latter state.
The state may be liable for injuries and
damages sustained by the
aliens(International Delinquency)
*Even when the laws of the state conform to
international standard of justice, the act/omission
causing damage to the alien maybe directly
imputable to the state if the latter does not make
reasonable efforts to prevent injury, or having done
so unsuccessfully fails to repair such injury.
CALVO CLAUSE
- A stipulation by which an alien waives or
restricts his right to appeal to his own state
in connection with any claim arising from
the contract and agrees to limit himself to
the remedies available under the laws of the
local state
EXTRADITION DEPORTATION
Surrender of a fugitive Expulsion of an alien
by one state to another who is considered
state where he is wanted undesirable by the local
for prosecution or if state
already convicted, for
punishment
Made upon the request Unilateral act of the local
of the latter state on the state and made in its
basis of an extradition interest
treaty
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 BINANGKAL FINAL EXAM NOTES (Public Int’l Law)

accordance with IL, the proper protection

Doctrines: due to the alien national of the latter state.
1. Tobar/Wilson Doctrine- precludes recognition The state may be liable for injuries and
of any government established by revolutionary damages sustained by the
means until constitutional reorganization by free aliens(International Delinquency)
election of representatives
2. Stimson Doctrine- no recognition of a
government established through external
aggression.
3. Estrada Doctrine- a state may not issue
declaration giving recognition to such government
but merely accepts whatever government is in
effective control without raising the issue of
recognition
DRAGO DOCTRINE
- it set forth the policy that no foreign power,
including the United States, could use force
against a Latin America nation to
collect debt.

CALVO DOCTRINE
- proposed to prohibit diplomatic
intervention before local resources were exhausted.

DOCTRINE OF STATE IMMUNITY

GR: A state enjoys immunity from the
exercise of jurisdiction by another state
EX: Unless it has given its
consent
Waived its immunity
Voluntary submits to the
jurisdiction of the court concerned.
Can only be invoked with respect to PUBLIC ACTS

Jure Imperii Jure Gestonis

imperial, public acts of the commercial activities

the government of a of a state. (US v. Guinto
state (US v Ruiz)

Doctrines.
1. Thalweg Doctrine
For boundary rivers, in the absence of an
agreement between the riparian states, the boundary
line is laid on the middle of the main navigable
channel
2. Middle of the bridge doctrine
Where there is a bridge over a boundary
river, the boundary line is the middle of the bridge.

DOCTRINE OF STATE RESPONSIBILITY

- A state is under obligation to make
reparations to another state for the failure to
fulfill its primary obligation to afford, in

15