International Law Reviewer

PUBLIC INTERNATIONAL LAW PUBLIC INTERNATIONAL LAW (CRUZ) |2014
BETIA| MENOR |REAMICO

CHAPTER 1
established difference between international law
GENERAL PRINCIPLES and municipal law.
MUNICIPAL LAW INTERNATIONAL

INTERNATIONAL LAW (IL) LAW
Issued by a Is not imposed
Traditional concept- a body of rules and principles political superior upon but simply
for observance by adopted by states
of action which are binding upon civilized
those under its as a common rule
states in their relations with another.
authority of action among
Schwarzenberger- is the body of legal rules which themselves
apply between sovereign states and such Consists mainly of Derived not from
other entities as have been granted enactments from any particular
international personality. the law-making legislation but
authority of each from sources as
DIVISIONS OF INTERNATIONAL LAW international
custom,
Laws of peace- govern the normal relations of international
states. conventions and
Laws of war- when war breaks out between or the general
principles of law
among some of them, the relation of these
Regulates the Applies to the
states cease to be regulated under the laws
relations of relations inter se of
of peace and come under the laws of war. individuals among states and other
Laws of neutrality- those states not involved in themselves or international
the war continue to be regulated under the with their own persons
laws of peace in their relations inter se. states
however, their relations with the belligerents, Violations of the Questions of
or those involved in the war, are governed by municipal law are international law
redressed are resolved
the laws of neutrality.
through local through state-to-
administration state transactions
INTERNATIONAL LAW V. MUNICIPAL LAW
and judicial ranging from
process peaceful methods
Monists- There is no substantial distinction
like negotiations
between international law and municipal law
and arbitration to
because they believe in the oneness or unity the hostile
of all law arbitrament of like
Dualists- who believe in the dichotomy of the reprisals and even
law, there are certain well war
Breaches of Responsibility of
municipal law infraction of
generally entail international law is
only individual usually collective in
responsibility the sense that it
attaches directly ot
not to its
the state and nationals
PUBLIC INTERNATIONAL LAW (CRUZ) |2014
The position of the Philippines regarding this

matter is clear enough. There can be no doubt
as to the meaning of our constitution when it
It is possible for a principle of municipal law to
authorizes the SC to decide, among others, all
become part of international law, as when the
cases involving the constitutionality of “any
principle is embodied in a treaty or convention.
treaty, international or executive agreement,
TWO THEORIES AS TO MANNER OF ADOPTING law…”
INTERNATIONAL LAW AS PART OF THE LAW OF
BASIS OF INTERNATIONAL LAW
THE LOCAL STATE
Naturalist school of thought- there is a
1. DOCTRINE OF INCORPORATION
natural and universal principle of right
International laws are adopted as part of a
and wrong, independent of any mutual
state’s municipal law, by affirming their
intercourse or compact, which is
recognition of the principles of
supposed to be discovered and
international law in their constitutions.
recognized by every individual through
the use of his reason and his
2. DOCTRINE OF TRANSPORMATION
conscience.
Generally accepted rules of international
Positivists- who that the binding force of
law are not per se binding upon the
international law is derived from the
state but must first be embodied in
agreement of sovereign states to be
legislation enacted by the law-making
bound by it.
body and so transformed into municipal
Eclectics or Grotians- both the law of nature
law.
and the consent of states as the basis of
CRITERIA TO BE APPLIES IN RESOLVING international law.
CONFLICTS BETWEEN INTERNATIONAL LAW
SANCTIONS OF INTERNATIONAL LAW
AND MUNICIPAL LAW
Belief shared by many states in the inherent
To attempt to reconcile the apparent
reasonableness of international law and
contradiction and thereby give effect, if
their common conviction that its
possible, to both systems of law.
observance will redound to the welfare
It should be presumed that municipal law is of the whole society of nations.
always enacted by each state with due respect But regardless of the intrinsic merit of the
for and never in defiance of the generally rules of international law, they may still
accepted principles of international law. be observed by states because of the
normal habits of obedience ingrained in
CONSTITUTION V. TREATY the nature of man as social being.
Respect for the world opinion held by most
Generally, the treaty is rejected in the local
states, or their desire to project an
forum but is upheld by international tribunals as
agreeable public image in order to
demandable obligation of the signatories under
the maxim pacta sunt servanda.
maintain the goodwill and favourable conscience, morality, justice and

regard of the rest of the family of humanity.
nations. International comity- those rules of
The constant and reasonable fear, present courtesy observed by states in their
even in the most powerful states, that mutual relations, in that violations of its
violation of international law might visit precepts are not regarded as
upon the culprit the retaliation of other constituting grounds for legal claims.
states. International diplomacy- relates to the
There is the machinery of the UN which, objects of national or international
within the sphere of its limited powers, policy and the conduct of foreign affairs
has on many occasions proved to be an or international relations.
effective deterrent to international International administrative law- that body
disputes caused be disregard of the law of laws and regulations, now highly
of nations. developed, created by the action of
international conference or
FUNCTIONS OF INTERNATIONAL LAW
commissions which regulate the
relations and activities of national and
To establish peace and order in the
international agencies with respect to
community of nations and to prevent
the employment of force, including war, those material and intellectual interests
in all international relations which received an authoritative
universal recognition.
It strives as well to promote world
friendship by levelling the barriers, as of
color or creed, that have so far
obstructed the fostering of a closer CHAPTER 2
understanding in the family of nations.
SOURCES OF INTERNATIONAL LAW
To encourage and ensure greater
international cooperation in the
solution of certain common problems of
a political, economic, cultural or KINDS OF SOURCES
humanitarian character
Primary/ direct sources
Aims to provide for the orderly
management of the relations of states Treaties/conventions, whether
general or particular, establishing
on the basis of the substantive rules
rules expressly recognized by the
they have agreed to observe as
contesting states
members of the international
community.
International customs- a practice which
DISTINCTION WITH OHERS CONCEPTS has grown up between states and
has come to be accepted as binding
International morality or ethics- those the mere fact of persistent usage
principles which governs the relations over a long period of time.
of states from the higher standpoint of
General principles of law recognized by SUBJECT OF INTERNATIONAL LAW- is the entity

civilized nations- the general that has rights and responsibilities under that
principles of law are mostly derived law. It has an international personality in that it
from the law of nature and can directly assert rights and be held directly
observed by the majority of states responsible under the law of nations.
because they believed to be good
and just. OBJECT OF THE INTERNATIONAL LAW- is the
person or thing in respect of which rights are
held and obligations assumed by the subject.
Secondary/ indirect sources
Decisions of courts- art 38 of the STATES
statute of ICJ does not distinguish
between those rendered by A group of people living together in a
international tribunals and those definite territory under the
promulgated only by national courts independent government organized for
Writing of publicists-must also be, to political ends and capable of entering
qualify as such, a fair and unbiased into international relations.
representation of international law,
and by an acknowledged authority
ELEMENTS:
in the field.
A permanent population- Human being
living within its territory
NOTE: The doctrine of stare decisis is not
Defined territory- fixed portion of the
applicable in international law, and so the
surface of the earth in which the people
decision of a subsequent case.
of the state reside
Government- agency through which the will
of the state is formulated, expressed
CHAPTER 3 and realized.
THE INTERNATIONAL COMMUNITY Sovereignty or independence- external
aspect or manifestation of sovereignty,
that is, the power of the state to direct
its own external affairs without
INTERNATIONAL COMMUNITY interference or dictation from other
states.
the body of juridical entities which are
governed by law of nation. CLASSIFICATION OF STATES
Modern concept- it is composed not only of
states but also of such other INDEPENDENT STATES
international persons.
one which is not subject to dictation
SUBJECT V. OBJECT from others in this respect
Simple States- one which is placed

under a single and centralized
government exercising power over the purpose of representing any

both its internal and external affairs or all of them.
Composites States- two or more states, Incorporate union- two or more
each with its own separate states under a central authority
government but bound under a empowered to direct both their
central authority exercising, to a external and internal affairs and
greater or less degree, control over possessed of a separate
their external relations. international personality.
NEUTRALIZED STATES
Real union- created when two or
more states are merged under a
An independent state, whether it be
unified authority so that they
simple or composite, may be neutralized
form a single international
through the agreement with other states by
person through which they act
virtue of which the latter will guarantee its
as one entity.
integrity and independence provided it refrains
Federal union- is a combination of from taking any act that will involve it in war or
two or more sovereign states other hostile activity except for defensive
which upon merger cease to be purposes.
states, resulting in the creation
of a new state with full DEPENDENT STATES
international personality to
represent them in their external An entity which, although theoretically
relations as well as a certain a state, does not have full freedom in the
degree of power over their direction of its external affairs. It fall into two
domestic affairs and their general categories:
inhabitants. i.e. US
Protectorate- which is established at the
Confederation- is an organization of request of the weaker state for the
states which retain their protection by string power
internal sovereignty and, to
Suzerainty- which is a result of a concession
some degree, their external
from a states to a former colony that is
sovereignty, while delegating to
allowed to be independent subject to
the collective body power to
the retention by the former sovereign
represent them as a whole for
of certain power over the external
certain limited and specified affairs of the latter.
purposes.
Personal union- comes into being UNITED NATIONS
when two or more independent
states are brought together UN is not is state or a super state but a
under the rule of the same mere organization of states, it is regarded as an
international person for certain purposes.
monarch, who nevertheless
does not become one
international persons for
THE VATICAN CITY When a portion of the population rises up in

arms against the legitimate government of the
The holy see has all the constituent element of states. The upheaval is ordinarily regarded as a
statehood ( people, territory: 108.7 acres; merely internal affair, at least during its initial
government with the pope as head; and stages. The state is held responsible for all
independence by virtue of the Lateran Treaty of injuries caused upon third states. For the
February 11,1929, which constitutes the Vatican purpose of the conflict, and pending
as a territory under the sovereignty of the Holy determination of whether or not the belligerent
See. It has all the right of a state, including community should fully recognized as a state, it
diplomatic intercourse, immunity from foreign is treated as an international persons and
jurisdiction.
becomes directly subjects to the laws of war
COLONIES AND DEPENDENCIES and neutrality.
A colony or a dependency is part and parcel of A inchoative state- it is vested with full rights of
visitation, search and seizure of contraband
the parent state, through which all its external
articles on high seas, blockade and the like.
relations are transacted with other states. As
such, therefore, it has no legal standing in the INTERNATIONAL ADMINISTTATIVE BODIES
family of nations. Nevertheless, such entities
have been allowed on occasion to participate in Created by agreement among states
their own right in international undertaking and may be vested with international personality
granted practically the status of a sovereign when two conditions concur, to wit, that their
state. purposes are mainly non-political and that they
are autonomous.
MANDATES AND TRUST TERRITORIES
Examples: international labor
The system of mandates was established after organization, food and agricultural organization,
the World War I in order to avoid outright world health organization
annexation of the underdeveloped territories
taken from the defeated powers and to place INDIVIDUALS
their administration under some forms of
international supervision. Individual only as an object of
international law who can act only through the
Kinds of trust territories: instrumentality of his own state in matters
involving others states.
Those held under the mandate under the
league of nations CHAPTER 4
Those territories detached from the
THE UNITED NATIONS
defeated states after world war II
Those voluntarily placed under the system Delegate of fifty nations met at the San
by the states responsible for their Francisco conference from April 25, to June 26,
administration. 1945, and prepared and unanimously approved
the charter of the United Nations. This came
BELLIGERENT COMMUNITIES
into force on October 24, 1945.
THE U.N. CHARTER efforts to achieve their common

purpose.
Is a lengthy document consisting of 111
articles besides the preamble and the PRINCIPAL PURPOSES OF U.N.
concluding provisions.
to maintain international peace and security
May be considered a treaty because it
derives its binding force from the to develop friendly relations among nations
agreement of the parties to it. to achieve international cooperation in
Intended to apply not only to the members solving international problems and in
of the organizations but also to non- promoting and encouraging respect for
member states so far as may be human rights and fundamental
necessary for the maintenance of freedoms.
international peace and security. To be a center for harmonizing the actions
of nations in the attainment of these
AMENDMENTS common ends
When they have been adopted by the vote PRINCIPLES

of 2/3 of the members of the general
assembly and ratified accordance with The organizations is based on the principles
their respective constitutional processes of the sovereign equality of all its
by 2/3 of the members of the U.N., members
including all the permanent members of All members, in order to ensure to all of
the Security Council. them the rights and benefits resulting
a GENERAL CONFERENCE may be called by from membership, shall fulfil in good
majority vote of the general assembly faith the obligations assumes by them in
and any nine members of the security accordance with the present charter.
council for the purpose of reviewing the All Members shall settle their international
charter. Amendments may be proposed disputes by peaceful means in such a
by the vote of 2/3 of the members of manner that international peace and
the general assembly and ratified security, and justice, are not
accordance with their respective endangered.
constitutional processes by the 2/3 of All Members shall refrain in their
the members of the U.N., including all international relations from the threat
the permanent members of the Security or use of force against the territorial
Council. integrity or political independence of
any state, or in any other manner
THE PREAMBLE OF THE CHARTER inconsistent with the Purpose of the
United Nations.
introduces the charter and sets the
All Members shall give the United Nations
common intentions that moved the
very assistance in any action it takes in
original members to unite their will and
accordance with the present
Charter, and shall refrain from giving It must accept the obligations of the Charter
assistance to any state against which It must be able to carry out these
the United Nations is taking preventive obligations
or enforcement action. It must be willing to carry out these
The Organization shall ensure that states obligations
which are not Members of the Unites
Nations act in accordance with these ADMISSION
Principles so far as may be necessary for
Decision of 2/3 of those present and
the maintenance of international peace
voting in the general assembly upon the
and security.
recommendation of at least nine (including all
Nothing contained in the present Charter the permanent) members of the Security
shall authorize the United nations to Council
intervene in matters which are
essentially within the domestic SUSPENSION
jurisdiction of any state or shall require
the Members to submit such matters to Effected by 2/3 of those present and
settlement under the present Charter; voting in the general assembly upon favourable
but this principles shall not prejudice recommendation of at least nine members of
the application of enforcement measure the Security Council including the permanent
under Chapter VII members
MEMBERSHIP The suspension may be lifted alone by

the Security Council, also by a qualified majority
KINDS: vote.
Original- those states which, having Suspended members will prevent it

participated in the U.N conference on from participating in the meeting of the general
international organization at San assembly or from being elected to or continuing
Francisco or having previously signed to serve in the Security Council, the economic
the declaration by U.N of January 1, and social council of the trusteeship council.
1942, signed and ratifies the charter of National of the suspended members, may
the U.N. however, continue serving in the Secretariat and
Elective the ICJ as they regarded as international officials
or civil servants acting for the Organization
The distinction between the two is based only itself.
on the manner of their admission and does not
involve any difference in the enjoyment of rights EXPLUSION
or the discharge of obligations.
2/3 vote of those present and voting in
QUALIFICATIONS: the general assembly, upon recommendation of
a qualified majority of the security Council, on
It must be a state
It must be peace-loving
grounds of persistently violating the principles peaceful adjustment of any

contained in the Charter. situation
Supervisory- receiving and
WITHDRAWAL
considering annual and special
reports from the other organs
No provision on withdrawal from membership
of the U.N
was includes in the Charter because of the fear
that it might encourage successive withdrawals Financial- the consideration and
that would weaken the organization. approval of the budget of the
organization, the
A member might withdraw from the U.N if: apportionment of expenses
among its members and the
The organization was revealed to be unable approval of financial
to maintain peace or could do so only at arrangements with specialized
the expense of law and justice
agencies.
The member’s right and obligations as such
Elective- the election of non-
were changed by a charter amendment
permanent members of the
in which it had not concurred or which Security Council
it finds itself unable to accept
Constituent- admission of the
An amendment duly accepted by the members and the amendment
necessary majority either in the general of the Charter of the U.N
assembly or in a general conference is 2. Security council
not ratified.
Key organ of the U.N in the maintenance of
ORGANS OF THE UNITED STATES the internal peace and security council
5 permanent members
PRINCIPAL ORGANS China
France
1. General assembly (G.A)
United kingdom
Consists of all the members of the Russia
organization, each of which is entitled United states
to send not more than 5 representatives 10 elective members
and 5 alternates 5 African and Asian states
Each member of the G.A has one vote 2 latin American states
Functions of the General Assembly 2 western European and other
states
Deliberative- initiating studies and 1 eastern European states
making recommendations
toward the progressive The non-permanent members are NOT
development of international eligible for immediate re-election
law and its codification and The permanent members were give
recommending measure for the preferred position because of the
feeling that they were the states that
would be called upon to provide the NON-PROCEDURAL MATTERS are those that
leadership and physical force that might may require the security council under
be needed to preserve the peace of the its responsibility of maintenance or
world resorting world peace to invoke
The geographical distribution of non- measures of enforcement
permanent members was a recognition PERMENENT MEMBERS may cast a VETO an
of the relative importance of the thereby prevent agreement on a non-
affected in the maintenance of procedural question even if it is
international order. supported by all the other members of
Chairmanship- rotated every calendar the Security Council
month on a basis of English alphabet PERMENENT MEMBERS may also exercise
order of names the so called DOUBLE VETO, by means
YALTA FORMULA- devised at the crimea of which it can disapprove any proposal
conference to consider a question merely
o Each member shall have one procedural and thereafter vote against
vote, but the distinction is made the question itself on the merits
between the Big Five and the Abstention or absence of any permanent
non-permanent members in the member in connection with a voting on
resolution of substantive a non-procedural question is not
questions connection with a voting , and the
o PROCEDURAL MATTERS are to proposal is deemed adopted if
be decided by the affirmative approved by at least nine members of
vote of any nine or more the Security Council including the rest
members. of the permanent members.
o NON-PROCEDURAL MATTERS Purpose of the YALTA FORMULA is to ensure
require the concurrence of also the unity (?) of the permanent
at least nine members but members in the measures to be taken in
included all the permanent the pursuit of its primary function of
members, but including the maintaining international peace and
permanent members. security.
o No members, permanent or not
is allowed to vote on question 3. Economic and social council
concerning the pacific Elected by G.A for 3 year terms and may be
settlement of a dispute to re-elected immediately
which it is a party. Each member has one vote and decisions
PROCEDURAL MATTERS include questions are reached by a majority of those
relating to the organization and meeting present and voting
of the security council, the Organs should exert efforts toward:
establishment of subsidiary organs and Higher standards of living, full
the participation of states parties in employment, and conditions of
disputes in the discussion of the organ. economic and social progress
and development
o Solutions of international Provide for periodic visits to trust

economic, social health and territories at times agrees
related problems and upon with the administering
international, cultural and authorities
educational cooperation; and o Take such other actions in
o Universal respect for and conformity with the terms of
observance of, human rights the questionnaire on the
and fundamental freedoms for political, economic, social and
all without distinction as to educational advancement of
race, sex language or religion. the inhabitant of the trust
territories
4. Trusteeship council Trusteeship council is largely become
Charged with the duty of assisting the obsolete with the conversion of
Security Council and the general practically all trust territories into full-
assembly in the administration of the fledged miniature states.
international trusteeship system.
Composed of : 5. International court of justice
o The members of the U.N Judicial organ of the U.N which function in
administering trust territories accordance with the statute.
The permanent members of the Composed of 15 members who are elected
security council not by absolute majority in the G.A and the
administering tryst territories o security council
As many other members The judges must:
elected for 3 year term by o be of high moral character
general assembly as may be o possess the qualifications
necessary to ensure that the required in their respective
total number of members of countries for appointment to
the trusteeship council is their competence in
equally divided between those international law
members of the United Nations No two of them may be nationals of the
which administer trust same state and in the event that more
territories and those which do than one national of the same state
not. obtain the required majorities, only the
Each member has one vote and decisions eldest shall be considered elected
are reached by a majority of those Members have a term of 9 years and may
present and voting be re-elected.
Under its authority, it may: No judge can be removed unless, in the
Considered reports submitted by unanimous opinion of the other
the administering authorities members, he has ceased to fulfil the
Accept petitions and examine them required conditions.
in consultation with the
administering authorities
Court may elect its president and vice pres. organization and in general
Who shall serve for 3 years and may be coordinates its vast
re-elected administrative machinery
Secretary general and the members of his
6. Secretariat staff are internal officers solely
Chief administrative organ of the U.N responsible to the Organization and are
Headed by SECRETARY GENERAL prohibited from seeking or receiving
o Chose by the G.A upon instruction from any government or any
recommendation of the security authority external to the U.N
council
o Fixed 5 years term by resolution
of the G.A and may be re-
SECONDARY ORGANS- those which have been
elected
created by or in accordance with the charter
o Highest representative of the such as the military staff committee, the
U.N and is authorized to act in international law commission and the
itself commission on human rights.
When acting in his capacity, he is
entitles to full diplomatic CHAPTER 5
immunities and privileges which
THE CONCEPT OF THE STATE
only the security council may
waive CREATION OF STATES
The immunities and privileges of
other key official of the united By revolution
nation may be waived by By unification
the secretary general By secession
His duty is to bring to the attention By assertion of independence
of the security council may By agreement and attainment of
matter which in his opinion may civilization
threaten international peace
EXTINCTION OF STATES
and security
Acts a s secretary in all the meetings By extinction or emigration en masse of its
of the G. A, the security council, population
the economic and social council By loss of territory
and the trusteeship council and By overthrow of government resulting in
performs such other functions anarchy
as may be assigned to him by
these organs. PRINCIPLES OF STATE CONTINUITY
He prepares the budget of the U.N
The state continues as juristic being
for submission to the G.A,
notwithstanding changes in its
provides technical facilities to
circumstances, provided only that they
be different organs of the
do not result in loss of any of its part of the new sovereign. But non-
essential elements. political laws, such as those dealing
This principle applied in the sapphire case with familiar relations, are deemed
where, after Emperor Louis napoleon continued unless they are changed by
filed a damage suit on behalf of France the new sovereign or are contrary to
in an American court, he was deposed. the institution of the successor state.
Nonetheless, the action was not abated Treaties of a political and even commercial
and could continue upon recognition of nature, as well as treaties of extradition,
the duly authorized representative of are also discontinued, except those
the new government of France. dealing with local rights and duties,
such as those establishing easement
SUCCESSION OF STATES and servitudes.
Takes place when one state assumes the All the rights of the predecessor state are
rights and some of the obligations of inherited by the successor state but this
another because of certain changes in is not so where liabilities are concerned.
the condition of the latter.
May be either:
Universal succession -when a state SUCCESSION OF GOVERNMENT
is annexed to another state or is
totally dismembered or merges Where the government replaces another
with another state to either peacefully or by violent methods.
form a new state In both instances, the integrity of the
Partial succession- take place when state is not affected; the state continues
a portion of the territory of the as the same international person except
states or is ceded to another or only that its lawful representative is
when an independent state changed.
becomes a protectorate or a The rights of the predecessor government
suzerainty or when a are concerned; they are inherited in too
dependent state acquires full by the successor government.
sovereignty. Where the new government was organized
by virtue of a constitutional reform duly
CONSEQUENCES OF STATE SUCCESSION ratified in plebiscite, the obligations of
the replaced government are
Allegiance of the inhabitants of the completely by the former.
predecessor state in the territory
Where the new government was
affected is transferred to the successor
established through violence as by a
state. They are also naturalized en
revolution, it may lawfully reject the
masse
purely personal or political obligations
Political law of the former are automatically of the predecessor government but not
abrogated and may be restored only by
a positive act on the
contracted by it in the ordinary course government may be that of a mere

of official business. colony.
Recognition of belligerency- does not
produce the same effect as the
CHAPTER 6 recognition of states and government
because the rebels are accorded
RECOGNITION international personality only in
connection with the hostilities they are
waging.
BASIC RULES IN RECOGNITION OS STATES
KIND OF RECOGNITION
It is political act and mainly a matter of
Express- may be verbal or in writing. It may
policy on the part of each state.
be extended through a formal
it is discretionary on the part of the
proclamation or announcement, a
recognizing authority.
stipulation in a treaty, a letter or
it is exercised by the political (executive) telegram, or on the occasion of an
department of the state.
official call or conference.
The legality and wisdom of recognition is
Implied- when the recognizing state enters
not subject to judicial review.
into officials intercourse with the new
THEORIES ON RECOGNITION member by exchanging diplomatic
representatives with it.
1. Declaratory (majority view)
merely affirms the pre-existing fact that the The act constituting recognition shall give a
entity being recognized already possess clear indication of an intention:
the status of an international persons.
To treat with the new state as such
Political and discretionary
To accept the new government as having
2. Constitutive (minority view)
authority to represent the state it
It is last indispensable element that purports to govern and to maintain
converts or constitutes the entity being diplomatic relations with it
recognized into an international person.
To recognize in the case of insurgent that
Mandatory and legal
they are entitled to exercise belligerent
OBJECTS OF RECOGNITION rights
RECOGNITION OF STATES
Recognition of a state- held irrevocable and
imports the recognition of the
held irrevocable and imports the
government recognition of the government
Recognition of a government- may be
withdrawn and does not necessary EFFECTS OF THE RECOGNITION OF THE
signify the existence of a state as the STATE AND GOVERNMENT
full diplomatic relations are established That which is established by the inhabitants
except where the government who rise in revolt against and depose
the recognized state or government acquire the legitimate regime.
the right to sue in courts of recognizing That which is established in the course of
state war by the invading forces of one
the recognized state or government has a belligerent in the territory of the other
right to possession of properties of belligerent, the government of which is
predecessor in the territory of the also displaced.
recognizing state That which is established by the inhabitants
all acts of the recognized state or of a state who secede therefrom
government are validated retroactively, without overthrowing its government.
preventing the recognizing state from
passing upon their legality in its own LANDMARK CASE DOCTRINE
courts 1. WILSON/ TOBAR DOCTRINE
RECOGNITION OF A STATE V. This precludes recognition of the
RECOGNITION OF GOVERNMENT government established by revolution,
civil war, coup d’etat or other form of
recognition of the state carries with it internal violence until the freely elected
recognition of the government representatives of the people have
recognition states is irrevocable recognized a constitutional government
RECOGNITION OF GOVERNMENT
2. KELSEN DOCTRINE
may be withdrawn and does not necessary A states violates international law and thus
signify the existence of a state as the infringes upon the rights of other states
government may be that of a mere if it recognizes as a state a community
colony. which does not fulfil the requirements
of international law
REQUISITES:
3. BETANCOURT DOCTRINE
government is stable and effective
This came as a reflection of Venezuelan
(objective test)
president Romulo Betancourt’s
no substantial resistance to its authority
antipathy for non-democratic rule,
the government must show willingness and which denied diplomatic recognition to
ability to discharge its international
any regime, right or left, which came to
obligations (subjective test)
power by military force.
government must enjoy popular consent or
approval of the people.
4. LAUTERPACHT DOCTRINE
It is the recognition of an entity which is not
legally a state is wrong because it
KINDS OF THE DE FACTO GOVERNMENT constitutes as abuse of the power of
recognition. It acknowledges a predecessor in the territory of the

community which is not in law, recognizing state
independent and which does not all acts of the recognized state or
therefore fulfil the essential conditions government are validated retroactively,
of statehood as an independent state. preventing the recognizing state from
It is, accordingly, a recognition which passing upon their legality in its own
an international tribunal declare not courts
only to constitute a wrong but probably
also to be itself invalid. RCOGNITION OF BELLIGERENCY
Does not produce the same effect as the

5. STIMSON DOCTRINE
recognition of states and government
This precludes recognition of any because the rebels are accorded
government established as a result of international personality only in
external aggression connection with the hostilities they are
waging.
6. ESTRADA DOCTRINE
This refers to dealing or not dealing with CONDITION FOR RECOGNITION
OF
the government established through a
political upheaval is not a judgement BELLIGERENCY
on the legitimacy of the said
there must be an organized civil
government.
government directing the rebel forces
the rebels must occupy a substantial
portion of the territory of the state
RECOGNITION DE RECOGNITION DE the conflict between the legitimate
JURE FACTO government and the rebels must be
Relatively permanent Provisional serious, making the outcome
Vests title in the Does NOT vests title in uncertain.
government to its the government to its
properties abroad properties abroad The rebels must be willing and able to
observe the laws of war.
Brings about full Limited to certain
diplomatic relations juridical relations
EFFECTS OF RECOGNITION OF BELLIGERENCY
Responsibility for acts of rebels resulting to

EFFECTS OF THE RECOGNITION OF THE
injury to nationals of recognizing state
STATE AND GOVERNMENT
shall be shifted to rebel government
full diplomatic relations are established The legitimate government recognizing the
except where the government rebels as belligerents shall observe
the recognized state or government acquire laws or customs of war in conducting
the right to sue in courts of recognizing hostilities
state Third states recognizing belligerency should
the recognized state or government has a maintain neutrality;
right to possession of properties of
Recognition is only provisional and only for
purposes of hostilities.
CHAPTER 7 Nothing in the present charter precludes

the existence of regional arrangements.
THE RIGHT OF EXISTENCE AND SELF-DEFENSE
REGIONAL ARRANGEMENTS – Agencies for
Once a state comes into being. It is invested dealing with such matters relating to the
with certain rights described as
fundamental. maintenance of international peace and
Most important of these rights: security as are appropriate for regional action.
o Right of existence
o Self-defence Example of Regional Agency: Organization
of American States – Whose organ of
consultation authorized or ratified the
*It is important because all its other rights are action taken by the US.
supposed to flow or be derived from it.
THE BALANCE OF POWER
The presence of an “Armed Attack” to justify
the exercise of the right of self-defence One reason for the organization of regional
may be taken by a state only in the face arrangements is to provide for the
of a necessity of self-defense that is balance of power
instant, overwhelming and leaving no An arrangement of affair so that no state
choice of means and no moment for shall be in a position to have absolute
deliberation mastery and dominion over others. –
Vattel
Right may be resorted only upon clean
showing of a grave and actual danger to
the security of the state AGGRESSION – Use of armed force by a state
“The best defense is offense” – Grotius against:
One might well argue now that the very Sovereignty
state of armed preparedness of a Territorial Integrity
nuclear power is per se a potent, if Political independence of other state
latent.
THE CUBAN MISSILE CRISIS First use of armed forces shall constitute
prima facie evidence of aggression
“The peace of the world and the security of QUALIFY AS AN ACT OF AGGRESSION
the US (had been) endangered by
reason of the establishment by the Invasion/attack by armed forces of a state of
Sino-Soviet powers of an OFFENSIVE the territory of another state
MILITARY CAPABILITY in Cuba, including Bombardment of armed forces
bases for ballistic missiles with a
The blockade of parts/coasts of a state by
potential range covering most of North
the armed forces of another state
and South America.
Attack of sea, air forces, land etc.
REGIONAL ARRANGEMENTS
Use of armed forces within the territory of External sovereignty is more often
another State with the agreement of referred to as independence.
the receiving State, in contravention of
the conditions provided for in the
agreement or any extension of their NATURE OF INDEPENDENCE
presence in such territory beyond the
termination of the agreement Freedom from control by any other state or
The action of a State in allowing its territory, group of states and not freedom from
which it has placed at the disposal of the restrictions that are binding on all
states forming the family of nations.
another State, to be used by
Must submit to limitations, independence
that other State for perpetrating an act of a state is of necessity restricted.
of aggression against a 3rd state
The sending by or on behalf of a State of INTERVENTION
armed force against another State of
State must abstain from intervention. It
such gravity as to amount to the acts expects its independence to be
listed above, or its substantial respected by other states, so too must it
involvement therein. be prepared to respect their own
independence.
Rights of independence carries with it duty of
non-intervention.
CHAPTER 8
2 INSTANCES WHEN THE USE OF FORCE IS
THE RIGHT OF INDEPENDENCE SOVEREIGNTY ALLOWED UNDER THE CHARTER OF THE UN:
When such action is agreed upon in a treaty

When requested from sister states or from
Supreme, uncontrollable power inherent in a
the UN
state, the supreme power of the state to
command and enforce obedience
Recent events have called for a re-
Enables the state to make its own decision examination of the law on intervention,
vis-à-vis other states and vests it with especially where intervention is based
competence to enter into relation and on humanitarian grounds
agreements with them. Revolted by the inhumane plight of the
innocent victims, the UN sent a
ASPECTS contingent of military troops from
several countries, primarily the US.
INTERNAL SOVEREIGNTY – Power of the
state to direct its domestic affairs
EXTERNAL SOVEREIGNTY – The freedom of
the state to control its own foreign
affairs.
“Par in parem non habet imperium” –
THE DRAGO DOCTRINE
Even the strongest state cannot assume
jurisdiction over another state, no
The contracting powers agree not to have
recourse to armed force for the recovery matter how weak etc..
of contract debts claimed from the
LEGAL EQUALITY VS. FACTUAL INEQUALITY
government of one country by the
government of another country as being
Not all states have equal eligibility with
due to its nationals. regard to elective membership of the
Security Council
5 of them must be elected from the African
and Asian states and only 1 can come
CHAPTER 9: THE RIGHT OF EQUALITY from the Eastern European State.
In General Assembly, all members have on
Art. 2 of Charter of the UN: “The vote regardless of the number of people
organization is based on the principle of they separately represent.
the sovereign equality of all its members.
States are juridically equal, enjoy the same CHAPTER 9
rights, and have equal capacity in their
exercise. The rights of each one do not THE RIGHT OF EQUALITY
depend upon the power which it
possesses to assure its exercise, but Art. 2 of Charter of the UN “The
organization is based on the principle of
upon the simple fact of its existence as a
the sovereign equality of all its
person under international law. members
ESSENCE OF EQUALITY States are juridically equal, enjoy the same
rights, and have equal capacity in their
Does not signify parity in physical power, exercise. The rights of each one do not
political influence or economic status or depend upon the power which it
prestige possesses to assure its exercise, but
Equality does not even require equality in the upon the simple fact of its existence as
number of rights a person under international law.
All the rights of a State, regardless of their
number, must be observed and ESSENCE OF EQUALITY
respected
All States, big or small have an equal right to Does not signify parity in physical power,
the enjoyment of all their respective political influence or economics status
attributes as members of the family of or prestige
nations Equality does not even require equality in the
All members of UN have each one vote in the number of rights.
General Assembly, all votes having equal PRINCIPLE: All the rights of a state,
weight and are generally eligible for regardless of their number, must be
positions in the various organs of the UN observed and respected
All states, big or small have an equal right to territories through any of the methods
the enjoyment of all their respective permitted under the law of nations.
attributes as members of the family of
nations. ACQUISITION AND LOSS OF TERRITORY
All members of UN have each one vote in
the General Assembly, all votes having Territory may be acquired by:
equal weight, and are generally eligible Discovery
for positions in the various organs of Occupation
the UN Subjugation
“Par in paren non habet imperium” – even Prescription
the strongest state cannot assume Cession
jurisdiction over another state, no Accretion
matter how wake etc..
Territory may be lost by:
LEGAL EQUALITY VS. FACTUAL INEQUALITY Abandonment
Dereliction
Not all states have equal eligibility with Cession
regard to elective membership of Revolution
the Security Council Subjugation
Prescription
5 of them must be elected from the
Erosion
African and Asian states and only 1
can come from the Eastern Natural causes
European State.
DISCOVERY AND OCCUPATION
Original mode of the acquisition by which

CHAPTER 10 territory not belonging to any state is
placed under the sovereignty of the
discovering state.
TERRITORY
Territory need not be to be uninhabited
TERRITORY – Fixed portion of the surface of the provided it can be established that the
earth inhabited by the people of the state. natives are not sufficient civilized and
can be considered as possessing not
Must be permanent and indicated with rights of sovereignty but only rights of
precision habitation
Big enough to provide for the needs of the Open seas and outer space are not
population but not be so extensive as to susceptible to discovery and
be difficult to administer/defend from occupation.
external aggression.
2 REQUISITES OF A VALID DISCOVERY AND
The Philippines is committed to the OCCUPATION
renunciation of the war for territorial
aggrandizement but like other states, is 1. Possession
not precluded from acquiring additional
2. Administration absolute and undisputed possession of

that State, from that moment the taking
Possession must be claimed on behalf of the of possession is considered
state. Be effected through a formal accomplished and the occupation is
proclamation and the symbolic act of formally completed.
raising the national flag in the territory.
Mere possession will not suffice
DERELICTION – Territory is lost by dereliction
INCHOATE TITLE OF DISCOVERY when the state exercising sovereignty over it
physically withdraws from it with the intention
Performs the function of barring other of abandoning it altogether.
states from entering the territory until conditions must concur:
the lapse of a period within which the
Acts of withdrawal
discovering state may establish as
settlement thereon and commence to Intention to abandon
administer it.
ISLAND OF PALMAS CASE

PRESCRIPTION – Prescription in international
Discovery alone, without any subsequent law requires long continued and adverse
act, cannot at the present time suffice possession to vest acquisitive title in the
to prove sovereignty of Island of claimant.
Palmas.
An inchoate title could not prevail over the CESSION – Method by which territory is
continuous and peaceful display of transferred from one state to another by
authority by another state for such
agreement between them. Acquisition of
display may prevail even over a prior,
definitive title put forward by another territory by cession is usually effected by such
state. familiar transactions as sale, donation, barter or
exchange, and even by testamentary
CLIPPERTONE ISLAND CASE disposition.
Title was deemed acquired by France over Examples are the purchase by the US of
an island it had formally claimed but Alaska from Russia in 1867, the gift by
had never administered. He proclaimed Austria of Lombardy to France in 1859
and declared that the sovereignty of the
said island beginning from that date SUBJUGATION – Territory is deemed acquired by
belonged in perpetuity to his majesty. subjugation when, having been previously
If a territory, by virtue of the fact that it was conquered or occupied in the course of war by
completely uninhabited, from the first the enemy, it is formally annexed to it at the
moment when the occupying state end of that war.
makes its appearance there, at the
Conquest alone confers only an inchoate
right on the occupying state; it is the
formal act of annexation that
completes the acquisition.
ACCRETION – Mode of acquiring territory based BAYS – Well-marked indentation whose

on the principle of accession cedat principali. It penetration is in such proportion to the width of
is accomplished through both natural or its mouth as t contain land-locked waters and
artificial processes, as by the gradual and constitute more than a mere curvature of the
imperceptible deposit of soil on the coasts of coast.
the country through the action of the water or,
more effectively, by reclamation projects like THE TERRITORIAL SEA – Belt of waters adjacent
those undertaken in Manila Bat and the polders to the coasts of the state, excluding the internal
of Holland. waters in bays and gulfs, over which the state
claims sovereignty and jurisdiction
COMPONENT OF TERRITORY
THE UN Conference on the Law of the Sea
Terrestrial domain
3 international conferences have been called
Maritime domain to formulate a new of the sea.
Fluvial domain
The 1st conference was held in 1958 at
Aerial domain Geneva, Switzerland, and resulted in
the adoption of the Convention on the
THE TERRESTRIAL DOMAIN
Territorial Sea and the Contiguous
 Zone, the Convention on the High Seas,
Land mass and the Convention on the Fishing and
THE MARITIME AND FLUVIAL DOMAIN the Living Resources of the High Seas,
and the Convention on the Continental
Bodies of water within the land mass and Shelf.
the waters adjacent to the coasts of the
state up to a specified limit. The new Convention provides among
others for a uniform breadth of 12
RIVERS MAY BE CLASSIFIED INTO: miles for the territorial sea, a
contiguous zone of 12 miles from the
National Rivers – situated completely in the outer limits of the territorial sea, and
territory of one state an economic zone or patrimonial sea
Multi-national Rivers – Flow through the extending 200 miles from the low-
territories of several states water mark of the coastal state.
International Rivers – is navigable from the THE PHILIPPINE TERRITORIAL SEA
open sea and is open to the use of
vessels from all states The claim of the Philippines to its territorial
sea was based on historic right or title
Boundary Rivers – divided the territories of or as it often called, the
the riparian states
TREATY LIMITS THEORY.
THALWEG DOCTRINE – In the absence of a The new Convention on the Law of the Sea
now limits our territorial sea 12 miles
specific agreement between such states, from the low water mark of our coasts,
the boundary line is laid on the river. That is, as in the case of other states.
on the center, not of the river itself, but of
its main channel.
METHODS OF DEFINING THE TERRITORIAL SEA Terrestrial domain

Maritime and fluvial domain
NORMAL BASELINE METHOD – The Continental shelf
territorial sea is simply drawn from the Open seas
low-water mark of the coast, to the Aerial domain
breadth claimed, following its Outer space
sinuosities and curvatures but excluding Other territories
the internal waters in bays and gulfs.
STRAIGHT BASELINE METHOD – Straight PERSONAL JURISDICTION – Power exercised by a
lines are made to connect appropriate state over its nationals. Based on theory that a
points on the coast without departing national is entitled to the protection of his state
radically from its general direction. wherever he may be and is (Doctrine of
indelible allegiance)
FISHERIES CASE
JOYCE VS. DIRECTOR OF PUBLIC PROSECTION
United Kingdom questioned the use by
Norway of the straight baseline method
defining its territorial waters. Defendant Lord HawHaw, challenged his
conviction in Great Britain for high
THE AERIAL DOMAIN treason, contending that he was not a
British subject. It appeared that he had
The airspace above the terrestrial domain lived in the country for 18 years and
and the maritime and fluvial domain of misrepresented himself as its national
the state, to an unlimited altitude but for the purpose of obtaining a British
not including outer space. passport that enabled him to go to
Germany where he was broadcast anti-
Allied propaganda.
CHAPTER 11 o Although not a British subject,
he has by his own act
JURISDICTION maintained the bond which
while he was within the realm
JURISDICTION – Authority exercised by a state
bound him to his Sovereign
over persons and things within or sometimes
outside its territory, subject to certain TERRITORIAL JURISDICTION
exceptions.
Gen. Rule: state has jurisdiction over all persons
JURISDICTION IS CLASSIFIED AS: and property within its territory
Personal STATE CANNOT EXERCISE JURISDICTION EVEN

Territorial WITHIN ITS OWN TERRITORY OVER:
JURISDICTION MAY BE EXERCISED BY A STATE Foreign states, heads of states, diplomatic

OVER: representatives, and consuls to a certain
degree.
1. Its nationals
Foreign state property: embassies, Everything found within the terrestrial

domain of the state is under its
consulates, and public vessels engaged jurisdiction.
in non-commercial activities
Nationals and aliens, including non-residents,
Acts of state are bound by its laws.
UNDERHILL VS. HERNANDEZ – The local state has exclusive title to all
property within its territory.
“Every sovereign state is bound
to respect the independence of MARITIME AND FLUVIAL JURISDICTION
every other sovereign state, and
the courts of one country will Internal waters of a state are assimilated to
the land mass and subjected to the
not sit in judgement on the acts
same degree of jurisdiction exercised
of the government of another, over the terrestrial domain.
done within its own territory.”
Civil, criminal and administrative jurisdiction
Foreign merchant vessels exercising the is exercised by the flag state over its
rights of innocent passage or arrival public vessels wherever they may be,
under stress. provided they are not engaged in
commerce.
INNOCENT PASSAGE – Navigation
through the territorial sea of a THE SCHOONER EXCHANGE VS. MCFADDON
state for the purpose of
traversing that sea w/o entering “National ships of war entering the port of a
internal waters etc. as long as it friendly power open for their reception
are to be considered as exempted by
is not prejudicial to the peace,
the consent of that power from its
good order or security of the jurisdiction”
coastal
sea. ENGLISH RULE – The coastal state shall have
o ARRIVAL UNDER STRESS – jurisdiction over all offenses committed on
Involuntary entrance may be board such vessels, except only where they do
due to lack of provisions, not compromise the peace of the port.
unseaworthiness of the vessel,
inclement weather, or other FRENCH RULE – Flag state shall have jurisdiction
cases of force majeure, like over all offenses committed on board such
pursuit by pirates. vessels, except only where the compromise the
peace of the port.
Foreign armies passing through or stationed
in its territories with its permission. ANTONI CASE
Such other persons or property, including “Murder of a Frenchman by another
organizations like the UN, by Frenchman on board a French merchant
agreement, waive jurisdiction.
LAND JURSIDICTION
vessel in a Mexican port did not disturb regulations within its territory or
the peace of the port.” territorial sea.
Contiguous zone ,may not, however, extend
WINDENHUS CASE more than 12 miles from the coast of
“The murder of a Belgian by another the state
Belgian on board a Belgian merchant 1982 CONVENTION ON THE LAW OD THE
SEA –Contiguous zone also extends 12
steamer in the port of New Jersey was miles, but from the outer limits of the
of such a nature as “ to disturb territorial sea.
tranquillity and public order on shore or
in the port”” THE CONTINENTAL SHELF
Our own SC has held that the English rule is

To the seabed and subsoil of similar areas
applicable in this country. adjacent to the coasts if islands
The coastal state has the sovereign right to
explore the continental shelf and to
It is the right of the coastal state to enforce exploit its natural resources.
all its laws to the full extent in its
territorial waters. It may erect on it such installations and
equipment as may be necessary.
THE PATRIMONIAL SEA

U.S.S. PUEBLO INCIDENT – “An American vessel
The exclusive economic zone or the
was seized and its crew interned by North Korea patrimonial sea extends 200 nautical
for alleged infringement of its territorial miles from the coast or the baselines.
waters.” All living and non-living resources found
therein belong exclusively to the coastal
ARCHIPELAGIC SEALANES – Waters over which state.
foreign ships will have the right of passage as if
they were open seas. A foreign vessel need not OPEN SEAS
go around our internal waters but may use
Available to the use of all states for
these archipelagic sea lanes in negotiating the purposes of navigation, flying over
distance from one point of the open sea to them, laying submarine cables or
another. fishing. In times of war, hostilities may
be waged on the open seas.
THE CONTIGUOUS ZONE
THE LOTUS CASE
In a zone of the high seas contiguous to its
territorial sea, the coastal state may A collision occurred on the high seas between a French
vessel – Lotus – and a Turkish vessel – Boz-Kourt. The Boz-
exercise the control to: a) prevent
Kourt sank and killed eight Turkish nationals on board the
infringement of its customs, fiscal,
Turkish vessel. The 10 survivors of the Boz-Kourt (including
immigration or sanitary regulations
its captain) were taken to Turkey on board the Lotus. In
within its territory or territorial sea. B) Turkey, the officer on watch of the Lotus (Demons), and
Punish infringement of the above the captain of the Turkish ship were charged with
manslaughter. Demons, a French national, was sentenced CONVENTION ON OFFENSES AND CERTAIN
to 80 days of imprisonment and a fine. The French OTHER ACTS COMMITTED ON BOARD AIRCRAFT
government protested, demanding the release of Demons
or the transfer of his case to the French Courts. Turkey and – It is the state of registration of the aircraft that
France agreed to refer this dispute on the jurisdiction to has jurisdiction over offenses and acts
the Permanent Court of International Justice (PCIJ). committed on board while it is in flight or over
the high seas or any other area outside the
territory of any state
HELD: The first principle of the Lotus case said that
jurisdiction is territorial: A State cannot exercise its
jurisdiction outside its territory unless it an international
OUTER SPACE
treaty or customary law permits it to do so. This is what we
called the first Lotus Principle. Outer space, or the region beyond the
earth’s atmosphere, is not subject to
the jurisdiction of any state.
Outer space shall be free for exploration
and use by all states without
A STATE MAY EXERCISE JURISDICTION ON THE discrimination of any kind.
OPEN SEAS IN THE FOLLOWING INSTANCES: Astronauts shall be regarded as envoys of
mankind.
Over its vessels
Over pirates CHAPTER 12
In the exercise of the right of visit and THE RIGHT OF LEGATION
search
Under the doctrine of hot suits THE EXERCISE OF THE RIGHT OF LEGATION
AERIAL JURISDICTION One of the most effective ways of

facilitating and promoting intercourse
The consensus appears to be that the local among states.
state has jurisdiction over the airspace Done through active right of receiving them,
above it to an unlimited height, or at states are able to deal more directly and
the most up to where outer space closely with each other in the
begins. improvement of the mutual interests.
5 AIR FREEDOMS AGENTS OF DIPLOMATIC INTERCOURSE
The freedom to fly across foreign territory Diplomatic relations are normally
without landing conducted through the head of state,
the foreign secretary or minister and
The freedom to land for non-traffic the members of the diplomatic service.
purposes
Head of state may also appoint special
The freedom to put down traffic originating diplomatic agents charged with specific
in the state of the aircraft ceremonial or political duties.
The freedom to embark traffic destined for
the state of the aircraft
The freedom to embark traffic destined
for or to put down traffic originating in a
3rd state.
ENVOY CEREMONIAL – Sent to attend state CONVENTION ON DIPLOMATIC RELATIONS,

functions like a coronation or a jubilee WHICH WAS SIGNED AT VIENNA IN 1961:
ENVOY POLITICAL – Commissioned to negotiate Ambassadors

with a particular state or to participate in an Envoys
international conference or congress. Charges d’affaires
HEAD OF STATE DIPLOMATIC CORPS – Body consisting of the

Represents the sovereignty of his state different diplomatic representatives who have
He is entitled to certain immunities and been accredited to the same local receiving
honours befitting his status
state. The diplomatic corps does not possess
MIGHELL VS. SULTAN OF JOHORE – “Suit was any legal powers or attributes.
brought for breach of a promise to marry
Functions of Diplomatic Missions:
allegedly made by the defendant we had
represented himself as a private individual. The Representing sending state in receiving state
action was dismissed when he revealed his real
identity as head of an independent state.” Protecting in receiving state interests of sending
state and its nationals
THE FOREIGN SECRETARY
Negotiating with government of receiving state
Immediate representative of the head of state
and directly under his control. Promoting friendly relations between sending
He can make binding declarations on behalf and receiving states and developing their
of his state on any matter falling within economic, cultural and scientific relations
his authority
The foreign secretary is also the head of the Ascertaining by all lawful means conditions and
foreign office and has direction of all developments in receiving state and reporting
ambassadors and other diplomatic thereon to government of sending state
representatives of his government.
In some cases, representing friendly
DIPLOMATIC ENVOYS governments at their request
To whom the regular or day-to-day conduct

of international affairs is entrusted.
CONDUCT OF DIPLOMATIC MISSION
Who are accredited by the sending state as
its permanent envoys to represent it in The diplomatic agent must exercise the
the states with which it is maintaining utmost discretion and tact, taking care
diplomatic relations always to preserve the goodwill of the
sending state and to avoid interference
THE HEADS OF THESE DIPLOMATIC MISSIONS with its internal affairs.
ARE CLASSIFIED AS FOLLOWS BY THE His mission is also under no circumstance to
be used for espionage, the
dissemination of propaganda against
the receiving state, or subversion of its
government.
DIPLOMATIC IMMUNITIES AND PRIVILEGES An action relating to succession in which the

diplomatic agent is involved as executor,
His privileges and immunities are necessary
to give the envoy the fullest freedom or administrator, heir or legatee as a
latitude in the exercise of his official private person and not on behalf of the
functions.
sending state.
PERSONAL INVIOLABILITY An action relating to any professional or
commercial activity exercised by the
The envoy is regarded as sacrosanct and is
entitled to the special protection of his diplomatic agent in the receiving state
person, honor and liberty. outside his official functions.
DIPLOMATIC CONVENTION: “The person of Immunity from jurisdiction may be waived
a diplomatic agent shall be inviolable. expressly by the sending state
He shall not be liable to any form of
arrest or detention. The receiving state WHO VS. AQUINO
shall treat him with due respect and
shall take all appropriate steps to
Diplomatic immunity is essentially a political
prevent any attack on his person,
freedom or dignity” question and courts should refuse to look
The envoy cannot complain if he is injured beyond a determination by the executive
because he himself caused the initial
aggression. branch of the government, and where the plea
The local authorities may also, in of diplomatic immunity is recognized and
exceptional cases, lay hands on him if affirmed by the executive branch of the
he has committed an act of violence government as in the case at bar, it is then the
and it is necessary to place him in
preventive restraint. duty of the courts to accept the claim of
immunity upon appropriate suggestion by the
principal law officer of the government, the
IMMUNITY FROM JURISDICTION Solicitor General in this case, or other officer
acting under his direction.
Diplomatic agent shall be immune from the
civil, criminal and administrative INVIOLABILITY OF DIPLOMATIC PREMISES
jurisdiction of the receiving state except
in a few specified cases. The premises of the mission shall be
inviolable. The agents of the receiving
HE SHALL ALSO ENJOY IMMUNITY FROM ITS state may not enter them except with
CIVIL AND ADMINISTRATIVE JURISDICTION, the consent of the head of mission.
EXCEPT IN THE CASE OF: INVIOLABILITY OF ARCHIVES
A real action relating to private immovable The receiving state has no right to pry into
property situated in the territory of the the official papers and records of a
receiving state, unless he holds it on foreign diplomatic mission.
behalf of the sending state for the “the archives and documents of the mission
shall be inviolable at any time and
purposes of the mission. wherever they may be”
INVIOLABILITY OF COMMUNICATION
“The receiving state shall permit and Every person entitled to diplomatic
protect free communication on the part privileges and immunities shall enjoy
of the mission for all official purposes. them from the moment he enters the
In communicating with the government territory of the receiving state on
and other missions and consulates of proceeding to take up his post or, if
the sending state, wherever situated, already there, from the moment his
the mission may employ all appropriate appointment is notified to the foreign
means including diplomatic couriers and ministry.
messages in code or cipher.” When his functions have to come to an end,
his privileges and immunities shall
EXEMPTION FROM TESTIMONIAL DUTIES normally cease from moment he leaves
the country or on expiry of a reasonable
“A diplomatic agent is not obliged to give time in which to do so, but shall subsist
evidence as a witness”
until such time even in case of armed
He is not prohibited by international law conflict.
from doing so and may waive this
privilege when authorized by his In the exercise of his official functions,
government. immunity shall continue indefinitely as
it is supposed to have attached to him
The Dutch envoy to Washington invoked
personally but to the state he was
this right 1856 when he rejected a
representing
request to testify in connection with a
homicide committed in his presence
TERMINATION OF DIPLOMATIC MISSION
and for the prosecution of which his
testimony we necessary.
Usual methods of terminating official
relations: death, resignation, removal,
EXEMPTIONS FROM TAXATION abolition of the office, etc. these are
governed by municipal law.
Also from social security requirements under
certain conditions. The more important modes are RECALL and
DISMISSAL
Personal baggage is also free from
inspection unless there are serious
ground RECALL – May demanded by the receiving state
when the foreign diplomat becomes persona
THE DIPLOMATIC SUITE OR RETINUE non grata to it for any person.
Immunities and privileges are available not DISMISSAL – The offending diplomat is simply
only to the head of mission and his asked to leave the country.
family but also to the other members of
the diplomatic retinue, albeit not in the The outbreak of war between the sending
same degree. and receiving states terminates their
diplomatic relations.
DURATION As for the change of the govt., diplomatic
relations are not disturbed if the change
is peaceful but may be
suspended where it is effected by *commerce and navigation

means of violence *issuance of passports and visas
*duties of protection of nationals
CHAPTER 13
CONSULS *PRINCIPAL DUTY OF CONSULS: promote the
commercial interests of their country in the
*CONSULS – state agents residing abroad for receiving state and to observe the commercial
various purposes but mainly in the interest of trends and developments therein for report to
COMMERCE and NAVIGATION their home government
*Consuls are not charged with the duty of *also perform duties relating to navigation –
representing their states in political matters nor visiting and inspecting vessels of their own
are they accredited to the state where they are states which may be in the consular district;
supposed to discharge their functions exercising a measure of supervision over such
vessels; adjusting matters pertaining to their
*consuls do not ordinarily enjoy all the internal order and discipline
traditional diplomatic immunities and privileges
although they are to a certain extent entitled to Immunities and Privileges
special treatment under the law of nations *consuls have a right to official communication
and may correspond with their home
Kinds and Grades government or other official bodies by any
*CONSULES MISSI – professional or career means including cipher or code without being
consuls who are nationals of the appointing subjected to censorship or unreasonable
state and are required to devote their full time restraint. However, this right may be restricted
to the discharge of their consular duties whenever it is exercised to the prejudice of the
receiving state
*CONSULES ELECTI – may or may not be
nationals of the appointing state and perform *Consuls enjoy the inviolability of their archives,
their consular functions only in addition to their which may not be examined or seized by the
regular callings receiving state under any circumstance, nor may
their production or testimony concerning them
Appointment be compelled in official proceedings. But this
Consuls derive their authority from two immunity does not extend to the consular
principal sources: premises themselves, where the legal process
*LETTER PATENT / LETTRE DE may be served and arrests made without
PROVISION – commission issued by the sending violation of international law, except only in that
state part where consular work is being performed
*EXEQUATUR – authority given to them
by the receiving state to exercise their duties *consular offices may even be expropriated for
therein purposes of national defense or public utility
8consuls are public officers not only of the
sending state but of the receiving state as well *criminal offenses: consuls are exempt from
and are governed by the laws of both local jurisdiction for crimes committed by them
*states may refuse to receive consuls and to in the discharge of their official functions. Other
withhold the exequatur from them without offenses: fully subject to local law and may be
explanation arrested, prosecuted and punished in proper
proceedings
Functions
*consuls are not prosecuted form minor Treaties make possible for the parties to
offenses and, when arrested, are given modify the rules of international
adequate opportunity to secure their release on customary law by means of optional
bail at the earliest possible time principle or standards
* civil suits: instituted against consuls personal They may lead to a transformation of
or private capacity but not in matters connected unorganized international society into
with their official duties one which may be organized on any
*consuls are generally exempted from taxation, chosen level of social integration
custom duties, service in the militia, and social They provide the humus for the growth of
security rules and are privileged to display their international customary law
national flag and insignia in the consulate
although these concessions are considered Essential Requisites of a Valid Treaty
“non-essential” to the proper discharge of their Entered into by parties with the treaty-
official duties making capacity
*these immunities and privileges are also Through their authorized representatives
available to the members of the consular post, Without the attendance of duress, fraud,
their respective families, and the private staff. mistake, or other vice of consent
Waiver may in general be made by the sending On any lawful subject-matter
state. In accordance with their respective
constitutional processes
Termination of Consular Mission
*removal, resignation, death, expiration of term Treaty-making process
the exequatur may also be withdrawn by the NEGOTIATION, SIGNATURE, RATIFICATION, AND
receiving state, either of the appointing or EXCHANGE OF THE INSTRUMENTS OF
receiving state may be extinguished or war may RATIFICATION
break out between them.
in the event of war, the consulate is closed and NEGOTIATION – one of the parties to submit a
the archives are sealed and left in the custody of draft of the proposed treaty which, together
a caretaker usually a consul from a neutral state. with the counter-proposals, becomes the basis
the consul from the belligerent state is allowed of the subsequent negotiations.
to depart for his own country as soon as *undertaken directly by the head of the
possible and without unnecessary molestation state or assigns this task to his authorized
representatives
CHAPTER 14 *if and when the negotiators finally decide on
TREATIES the terms of the treaty, the same is opened for
SIGNATURE.
TREATY – formal agreement, usually but not *signature – means of authenticating
necessarily in writing, which is entered into by the instrument and for the purpose of
states or entities possessing the treaty-making symbolizing the good faith of the parties; but it
capacity for the purpose of regulating their does not indicate the final consent of the state
mutual relations under the law of nations. *the document is ordinarily signed in
*an executive agreement is NOT a treaty accordance with the alternat, that is, each of
the several negotiators is allowed to sign first on
Functions of Treaties the copy which he will bring home to his own
Treaties enable parties to settle finally state
actual and potential conflicts
RATIFICATION – formal act by which a state a treaty engagement is not a mere moral
confirms and accepts the provisions of a treaty obligation but creates a legally binding
concluded by its representatives. obligation
*Purpose; enable the contracting states treaties really limit of restrict the absoluteness
to examine the treaty more closely and to give of sovereignty. By their voluntary act, nations
them an opportunity to refuse to be bound by it may surrender some aspects of their state
should they find it inimical to their interests powers in exchange for greater benefits granted
*EXCHANGE OF THE INSTRUMENTS OF by or derived from a convention or pact
RATIFICATION – signifies the effectivity of the the sovereignty of a state therefore cannot in
treaty unless a different date has been agreed fact and in reality be considered absolute
upon by the parties restrictions:
limitations imposed by the very nature
Binding Effect of Treaties of membership in the family of nations
*A treaty is binding only on the contracting limitations imposed by treaty
parties, including not only the original stipulations
signatories but also other states which, DOCTRINE OF REBUS SIC STANTIBUS –
although they may not have participated in the constitutes an attempt to formulate a legal
negotiation of the agreement, have been principle which would justify non performance
allowed by the terms to sign it later by a process of a treaty obligation if the conditions with
known as ACCESSION relation to which the parties contracted have
*Instances when 3rd states may be validly held changed so materially and so unexpectedly as to
to the observance of or benefit from the create a situation in which the exaction of
provisions of a treaty. performance would be unreasonable.
treaty may be merely a formal *Limitations:
expression of customary international law which applies only to treaties of indefinite
is enforceable on all civilized states because of duration
their membership in the family of nations the vital change must have been
for the maintenance of international unforeseen or unforeseeable and should not
peace and security have been caused by the party invoking the
parties to apparently unrelated treaties doctrine
may also be linked by the most-favored-nation the doctrine must be invoked within a
clause, under which a contracting state entitled reasonable time
to most-favored-nation treatment from the it cannot operate retroactively upon the
other may claim the benefits extended by the provisions of the treaty already executed prior
latter to another state in a separate agreement to the change of circumstances
Observance of Treaties Treaty Interpretation

*Fundamental rules of international law is *The basic rule in the interpretation of treaties
PACTA SUNT SERVANDA, which requires the is to give effect to the intention of the parties.
performance in good faith of treaty obligations This should be discoverable in the terms of the
*parties must comply with their commitments treaty itself
under a treaty and cannot ignore or modify its *the usual canons of statutory construction are
provisions without the consent of the other employed in the interpretation of treaties
signatories * read in the light of the whole
instrument and especially for the purposes of
the treaty
words used are given their natural Acquisition of naturality

meaning unless a technical sense was intended, By BIRTH or By NATURALIZATION
and an individual acquires the nationality of the
when they have different meanings in state where he is born (jus soli) or the
the contracting states, should be interpreted in nationality of his parents (jure sanguinis)
accordance with the usage of the state where NATURALIZATION – process by which a foreigner
they are supposed to take effect acquires, voluntarily or by operation of law, the
doubts should be resolved against the nationality of another state
imposition of obligations and in favor of the of *DIRECT NATURALIZATION:
the freedom and sovereignty of the contracting by individual proceedings, usually
parties judicial under general naturalization laws
conflicts in treaty interpretations be by special act of the legislature
resolved only by agreement of the parties by collective change of nationality as a
result of cession or subjugation
Termination of Treaties adoption of orphan minors as nationals
Expiration of the term of the state where they are born
Accomplishment of the purpose DERIVATIVE NATURALIZATION:
Impossibility of performance on the wife of the naturalized
Loss of the subject-matter husband
Desistance of the parties on the minor children of the naturalized
Novation parent
Extinction of one of the parties if the treaty on the alien woman upon marriage to
is bipartite a national
Vital change of the circumstances under the on our own laws, an alien woman married to a
doctrine of rebus sic stantibus Filipino shall acquire his citizenship only if she
Outbreak of war between the parties herself might be lawfully naturalized
Voidance of the treaty because of defects in
its conclusion Multiple Nationality
DOCTRINE OF INDELIBLE ALLEGIANCE – an
CHAPTER 15 individual may be compelled to retain his
NATIONALITY AND STATELESSNESS original nationality notwithstanding that he has
already renounced or forfeited it under the laws
individual is merely an object and not a subject of a second state whose nationality he has
of international law and is thus not directly acquired
governed by its rules a state may allow any of its nationals to remain
NATIONALITY – tie that binds an individual to his as such even if he may have acquired another
state, from which he can claim protection and nationality as where he is conferred an
whose laws he is obliged to obey. Nationality is honorary citizenship by a foreign government
membership in a political community with all its
concomitant rights and obligations Loss of Nationality
CITIZENSHIP – applies only to certain members voluntary methods – renunciation, express or
of the state accorded more privileges than the implied, and request for release, both of which
rest of the people who also owe it allegiance usually precede the acquisition of a new
SUBJECT – particular reference to the nationals nationality
of monarchical regimes involuntary methods – forfeiture as a result of
some disqualification or prohibited act lie
enlistment in a foreign army or long continued
residence in a foreign state, and substitution of
one nationality for another following a change state is not an insurerof the life or property of
of sovereignty the alien, whe he is within its territory
Statelessness the foreigner is expected to take the customary

statelessness is the condition or status of an precautions for the protection of his own rights
individual who is born without any nationality and to avail himself of the usual remedies when
or who loses his nationality without retaining or
these rights are violated
acquiring another
individual is powerless to assert any right that
otherwise would be available to him under
international law. THE DOCTRINE OF STATE RESPONSIBILITY
Any injury to the individual by a foreign
jurisdiction is not a violation of his own right but instances when an alien can claim a more
of the right of the state to the protection of its favored position than the national of the local
nationals; the right to complain belongs not to
state and hold the state liable for injuries
him but to the state of which he is a national.
committed against him while within its territory
CHAPTER 16 a state may be held responsible for:
TREATMENT OF ALIENS international deliquency
directly or indirectly imputable to it

every state has the right, as inherent in
sovereignty and essential to its own security
which causes injury to the natonal of
and existence, to determine in what cases and another state
under what conditions foreigners may be
admitted to its territory liabilty will attach to the state where its
treatment of alien falls below the international
once it decides to accept them, its competence standard of justice or wgere it remiss in
as territorial soveriegn as limited by the according him the protection or redress that is
requirement that they be treated justly, in warranted by the circumstances
accordance with the law of nations
FUNCTION: assure the traveler that when his
the alien canot as a rule claim a preferred rights are violated in a foreign state, he will not
position vis-a-vis the national of the state where be denied any remedy simply because he is not
he is at best only a guest one of its nationals
the foreigner may not enjoy the right to vote, to * encourage more intercourse among
run for public office, to exploit natural resources the peoples of the world through inter-visitation
or to engage in certain businesses regarded as of their respective countries
vital to the interests of the local state
the foreigner must accept the institutions of the

local state THE INTERNATIONAL STANDARD OF JUSTICE
Standard of th reasonable state, that is, as EXHAUSTION OF LOCAL REMEDIES

referring to the ordinary normsof official
conduct observed in civilized jurisdictions. the liability of the state for an international
delinquency, its enforcemnet cannot be claimed
DOCTRINE OF EQUALITY OF TREATMENT – by the injured foreigner unless, he first exhausts
where the laws of state fall below the all available local remedies for the protection or
international standard of justice, it is no defense vindication of his rights
that they are applicable not inly to aliens but as
well, and equally, to the nationals of that state. state must be given an opportunity to do justice
The relations of that state with ots own in its own regular way and without unwarranted
nationals are purely municipal; international law interference with its sovereignty by other states
is involved in its relations with the nationals of
this requirement may be dispensed with,
other states.
however, if there are no remedies to exhaust, as
FAILURE OF PROTECTION OR REDRESS where the laws are intrinsically defective or
there is laxity or arbitrariness in their
state may be held liable if it does not make enforcement or where the courts are corrupt or
reasonable efforts to prevent injury to the alien where there is no adeqaute machinery for the
or, having done so unsuccesfully, fails to repair administration of justice
such injury.
there would be NO remedy available from
degree of diligence required “acts of state” which are not subject to judicial
review
responsibility does not immediately attach to
the state upon a showing of a failure to prevent RESORT TO DIPLOMATIC PROTECTION
or redress an injury to aliens
if the injured foreigner has exhausted all the
distinction must be made between direct and local remedies but without success, he may
inirect state responsibility then avail himself of the assistance of his states
– but only if he has a state. Otherwise, he will
where the imternational delinquency
have no party to represent him, and he by
was committed by superior government officials
himself, being a mere individual, cannot
or organs, liability will attach immediately as institute his claim in his own name.
their acts may not be effectively prevented or
reversed under the constitution and laws of the any injury to an alien is a violation not of his
state own personal rght but of the right of his state to
hacve its nationals protected but of the right of
where the offense is committed by his state to have its nationals protected
inferior government officials or, more so, by whenever they are in a foreign country
private individuals, the state will be held liable
only if, by reason of its indifferencein preventing where the injured alien is stateless, his case will
or pushing it, it can be considered to have be one of DANNUM ABSQUE INJURIA and
conived in effect in its commission cannot be subject of diplomatic protection
* tie of nationality – required to exist from the * the state may also avoid liability to aliens by
time of the injury until the time the refusing their admission, but this is not
international claim is finally settled. Once the tie regarded as sound policy since it would provoke
is broken, the claim itselfis deemed retaliation in kind and ultimately isolate its
automatically abated. If, the injured national nationals from the rest of the international
dies while the claim is under consideration and community
it should happen that his hers are not nationals
of the claimant state, the claim will lapse DEPORTATION: the removal of an alien
out of the country, simply because his presence
ENFORCEMENT OF CLAIM is deemed inconsistent with the public welfare
and without any punishment being imposed or
an international claim for damages may be contemplated, either under the laws of the
resolved through negotiation or, if this fails, any country out of which he is sent, or under those
of the other methods of settling disputes of the country to which he is taken
in the event that the responsibility of the state EXCLUSION: denial of entry to an alien
is established or acknowledged, the duty to
make reaparation will arise. Such reparation DEPORTATION EXTRADITION
may take the form of RESTITUTION or
SATISFACTION or COMPENSATION. Unilateral act if the Effected at the
local state request of the state of
AVOIDANCE OF STATE RESPONSIBILITY origin
* to avoid the intervention of the alien's state in Based on causes Based on offenses
contracts, the local state sometimes arising in the local generally committed
incorporates therein what is known as the state in the state of origin
CALVO CLAUSE
Undesirable alien may Calls for the return of
Calvo Clause – stipulation by which the be deported to a state the fugitive to the
alien waives or restricts his right to appeal to his other than his own or state of origin
own state in connection with any claim arising the state of origin
from the contract and agrees to limit himself to
the remedies available under the laws of the
local state.
Basis of Extradition
calvo clause may be enforced as a
The extradition of a person is required only if
lawful condition of the contract. However, may
there is a treaty between the state of refuge
not be interpreted to deprive the alien's state of
and the state of origin
the right to protect or vindicate his interests in
case they are injured in another state as such in the absence of a treaty – local state has every
waiver can legally be made not by him but by right to grant asylum to the fugitive and to
his own state refuse to deliver him back to the latter state
even if he is a national
EXCLUSION OF ALIENS
CHAPTER 17
Fundamental Principles of Extradtition SETTLEMENT OF INTERNATIONAL DISPUTES
extradition is based on the consent of the state

of asylum
DISPUTE – exists when one state claims that
Principle of specialty – a fugitive who is another state should have behave in a certain
extradited may be tried only for the crime manner and that claim is rejected by the latter
specified in the request for extradition and
included in the list of offenses in the extradition actual disagreement between states
treaty regarding the conduct to be taken by one of
them for the protection or vindication of the
any person may be extradited interests of the other
political and religious offenders are generally SITUATION – initial stage of a dispute
not subject to extradition
Dispute is LEGAL – involves a justiciable rights
in the absence of a special agreement, the based on law or fact susceptible of adjudication
offense must have been committed within the by a judicial or arbitral tribunal.
territory or against the interests of the
demanding state Dispute is POLITICAL – if it cannot be decided by
legal processes on the basis of the substantive
Rule of double criminality - the act for which the rules of international law because the
extradition is sought must be punishable in both differences of the parties spring from
the requesting and requested states animosities in their mutual attitudes rather than
from an antagonism of legal rights
Procedure of Extradition
the solution to such a disputes lies not in the
if the surrender of a fugitive is sought, a request councils of the courts but in the corridors of
for his extradition is presented through diplomacy
diplomatic channels to the state of refuge
Methods of settling disputes
this request will be accompanied by the
necessary papers relative to the identity of the * disputes are required to be settled,
wanted person and the crime he is alleged to conformably to one of the basic principle of the
have committed or of which he has already UN, “by peaceful means in such a manner that
been convicted international peace and security, and justice are
not endangered
upon receipt of request, the state of refuge will
conduct a judicial investigation to ascertain if Amicable Methods
the crime is covered by the extradition treaty
and if there is a prima facie case against the 1. Negotiation – generally the first step taken in
fugitive according to its own laws the settlement of an international dispute is the
discussion undertaken by the parties
themselves of their respective claims and
counterclaims with a view to their just and SETTLEMENT

orderly adjustment.
Arbitral tribunal is an Judicial tribunal is a
* where the talks prosper and ad hoc body created pre-existing and
agreement is reached, it is usually formalized in and filled by the permanent body
a treaty or more directly effected through the parties to the dispute
rectification of the injury caused to the claimant themselves
state
Submission to Jurisdiction -
Inquiry – investigation of the points in question, arbitration is voluntary compulsary
on the theory that their education will
contribute to the solution of the differences Arbitration The law applied by the
between the parties. proceedings - limited tribunal in judicial
settlement is
Good Offices – method by which a third party independent of the
attempts to bring the disputing states together will of the parties
in order to enable them to discuss the issues in
contention and arrive at an agreement
Mediation – third party does not merely provide * the jurisdiction of the court is not compulsory
the opportunity for the antagonists to negotiate but dependent on the agreement of the parties
but also actively participates in their discussions to submit to and be bound by its decisions. Such
in order to reconcile their conflicting claims and consent may be manifested in a treaty
appease their feelings of resentment containing what is called the “compromissary
clause”
Conciliation – active participation of a third
party in the attempt of the disputants to settle 8. ACTION BY REGIONAL ORGANIZATIONS –
their conflict, and the recommendations made resorted to by the parties at their own volition
by it are likewise not binding. or taken by the body itself at its own instance if
allowed by agreement of the members
Arbitration – solution of a dispute by an
impartial third party, usually a tribunal created Hostile Methods
by the parties themselves under a charter
INTERVENTION
known as the COMPROMIS
RETORSIONS – retaliation where the acts
Judicial Settlement – the nature of its
complained of do not constitute a legal ground
proceedings and the binding character of the
of offense but are rather in the nature of
decisions but also in the fact that the disputes
unfriendly acts but indirectly hurtful to other
submitted for adjudication are legal rather than
states
political
REPRISALS – act of self-help on the part of the
injured state, responding after an unsatisfied
ARBITRATION JUDICIAL demand to act contrary to
international law on the part of the offending The Security Council may recommend
state appropriate measures or methods of
adjustment, taking into consideration:
*they aim to impose on the offending
state reparation for the offense or the return to Any amicable measures already adopted
legality in avoidance of new offenses by the parties
That legal disputes should as a rule be
*Common forms of reprisals referred to the International Court
of Justice
display of force *Where the terms of settlement are rejected by
the parties, the Security Council is empowered
occupation of territory
to take more drastic steps
pacific blockade
PREVENTIVE ACTION – it may adopt
such measures not involving the use of armed
force
The United Nations
ENFORCEMENT ACTION
United nations may be asked or may decide on
its own authority to take a hand in its CHAPTER 18
settlement.
WAR
the security council shall have the jurisdiction to
*WAR – armed contention between the public
intervene in;
forces of states or other belligerent
all disputes affecting international communities, implying the employment of
peace and security violence among the parties as a means of
enforcing their respective demands upon each
all disputes which, have been submitted other
to it by the parties for settlement
* War may exist even without the use of force
such disputes may be brought to it by:
the security council, on its own

motion Outlawry of war
the general assembly war was originally accepted as a legitimate

means of a compulsion, that it was a reaction to
any member of the united nations an international delict
the secretary general in only 2 instances is the use of force allowed:
any party to the dispute, provided that exercise of the inherent right of self-
in the case of non-members of the UN, they defense
should accept in advance, for the purposes of
the dispute, the obligations of pacific settlement enforcement action
under the Charter
treaties of a political nature are automatically

cancelled, but those which are precisely
How are the agreements enforced? intended to operate during war are activated
*the commonly accepted sanctions are:
individuals are impressed with enemy character
a. protest lodged by one belligerent, usually
nationality test – if they are nationals of
accompanied or followed by an appeal
the other belligerent wherever they may be
b reparation for damages is cause by the
domiciliary test – if they are domiciled
defeated belligerent
aliens in the territory of the other belligerent,
c. punishment of war criminals on the assumption that they contribute to its
economic resources
activities test – if being foreigners they

Commencement of war are nevertheless participate in the hostilities in
favour of the other belligerent
War is supposed to commence on the date
specified in the declaration or on the date it is *corporations and other juridical persons are
communicated to the enemy regarded as enemies if a majority or a
substantial portion of their capital stock is in the
formality is often not observed as evidenced by
hands of enemy national or if they have
the number of wars that have broken out
incorporated in the territory or uner the laws of
without the “previous and explicit warning”
the other belligerent
required
5. enemy public property found in the territory
commence from the moment of the first act of
of the other belligerent at the outbreak of
force committed by one state with the intent of
hostilities is subject to confiscation
making war or committed without such intent
but considered by the other state as
constituting war
Combatants and non-combatants
*Combatants – those who engage directly in the

Effects of the Outbreak of War hostilities; may lawfully wage war and are thus
subject to direct attack from the enemy
the laws of peace cease to regulate the relations
of the belligerent and are superseded by the *Non-Combatants – those who do not engage
laws of war directly in the hostilities; should not be
subjected to attack as they are not supposed to
diplomatic and consular relations between the
participate in the actual fighting
belligerents are terminated and their respective
representatives are allowed to return to their * The following are regarded as combatants:
own countries
1. members of the armed forces
irregular forces he obtains or seeks to obtain information in the

zone of operations if a belligerent
they are commanded by a person
responsible for his subordinates *spies are subject to the municipal law of the
other belligerent
they wear a fixed and distinctive sign
recognizable at a distance * a spy taken in the act cannot be punished
without previous trial
they carry arms openly
they conduct their operations in

accordance with laws and customs of war Kinds of Warfare
levee en masse – the inhabitants of unoccupied warfare may be waged on LAND or SEA or in the
territory who, on the approach of the enemy, AIR, separately or simultaneously
spontaneously take arms to resist the invading
troops without having had time to organize most of the rules on aerial warfare have
themselves become obsolete and need to be revised to
make them conform to present realities
officers and crew of merchant vessels who
forcibly resist attack as for naval warfare, the most serious difficulties
lie in th disagreement among states as to
whether armed merchant vessels are subject to
direct attack
Conduct of Hostilities
*one important rule is that booty or
three basic principles underlie the rule of personal property found in the battlefield is
warfare
subject to confiscation by the belligerent
occupation except only the personal belongings
principle of military necessity – employ
of the individual combatants which have no
any amount and kind of force to compel the
military value.
complete submission of the enemy with the
least possible loss of lives, time and money
THEATRE OF WAR: place where the hostilities
are actually conducted
principle of humanity – use of any
measure that is not absolutely necessary for the
REGION OF WAR: greater area where the
purposes of war belligerents may lawfully engage each other
principle of chivalry – those that require

the belligerents to give proper warning before
launching a bombardment or prohibit the use of Belligerent Occupation
perfidy in the conduct of the hostilities
* territory is deemed occupied when it is
an individual can only be considered a spy if, actually placed under the authority of the
acting clandestinely or under false pretenses, hostile army, but this occupation is limited only
to the area where such authority has been
established and can be effectively exercised. It is * the army of occupation can only take
not necessary that every square foot of the possession of cash, funds and realizable
territory in question be actually occupied securities which are strictly the property of the
state, depots of arms, means of transport,
Belligerent occupation does not result in stores and supplies, and generally movable
transfer or suspension of the sovereignty of the property belonging to the state which may be
legitimate government although it may at the used for military operations
moment be unable to exercise it. The
belligerent occupant cannot perform such acts *the occupying state shall be regarded only as
as declaring the independence of the occupied administrator and usufructuary of public
territory or requiring its inhabitants to renounce buildings, real estate, forest, agricultural estates
their allegiance to the lawful government belonging to the hostile state and situated in
the occupied territory
the belligerent is required to restore and ensure
public order and safety while respecting, unless
absolutely prevented, the laws in force in the
Postliminium
country.
persons or things taken by the enemy are

the belligerent occupant may promulgate new
restored to the former state on coming actually
laws, non-political as well as political, provided
into the power of the nation to which they
they do not contravene the general accepted
belong
principles of international law. The political laws
are automatically abrogated upon the end of
JUS POSTLIMINIUM – reinstatement of the
the occupation but the non-political laws may authority of the displaced government once
continue even beyond the occupation unless control of the enemy is lost over the territory
they are expressly repealed or modified by the affected
legitimate government
upon the end of a belligerent occupation, the
it is permitted for the belligerent occupant to laws of the re-established government are
introduce military currency, provided the revived and all acts taken by the belligerent
purpose is not to debase the country’s economy
occupant which it could not legally do under the
law of nations, as well as lawful acts of a
private property cannot be confiscated, but
political complexion, are invalidated
those susceptible of military use may be seized,
subject to restoration or compensation when
peace is made
Non-Hostile Intercourse
the property of municipalities and of
institutions dedicated to religion, charity and FLAG OF TRUCE – white flag carried by an
education, and the arts and sciences, even individual authorized by one belligerent to enter
when state owned, shall be treated as private into communication with the other
property and their destruction is expressly
forbidden
CARTELS – agreements to regulate intercourse Usually in writing May be oral

during war on matters as postal and telegraphic
communication
PASSPORT – written permission given by the CEASEFIRE – unconditional stoppage of

hostilities by order of an international body
belligerent government or its authorized agent
subjects of the enemy state to travel generally
TRUCE – regarded as ceasefire with conditions
in belligerent territory attached
SAFE-CONDUCT – pass given to an enemy CAPITULATION – surrender of military forces,

subject or to an enemy vessel allowing passage places or districts in accordance with the rules
between defined points of military honor
SAFEGUARD – protection granted by a

commanding officer either to enemy persons or
property within his command Termination of war
LICENSE OF TRADE – permission given by the cessation of hostilities

competent authority to individuals to carry on
trade even though there is a state of war conclusion of a negotiated treaty of peace
defeat of one of the belligerents followed by a

dictated treaty of peace
Suspension of Hostilities
Principle of uti possidetis – property or territory
SUSPENSION OF ARMS – temporary cessation in the possession of the respective belligerents
of the hostilities by arrangement of the local upon the termination of the war is retained by
commanders for such purposes as the gathering them
of the wounded and the burial of the dead.
Status quo ante – calls for the complete
ARMISTICE – suspension of all hostilities within restoration to their former owners of property
a certain area or in the entire region of war or territory that may have changed hands
agreed upon by the belligerent governments during the hostilities, with the exception only of
usually for the purpose of arranging the terms prize and booty
of the peace
war is supposed to end with the re-
ARMISTICE SUSPENSION OF establishment of peace but the precise date is
ARMS not easily fixed in view of the different methods
of terminating the state of hostilities
Purpose: political Purpose: military
May be concluded by May be agreed upon

the commanders-in- by the local Aftermath of War
chief commanders
* one of the inevitable consequences of war s
the implied judgment, right or wrong, that the
vanquished belligerent is the guilty party in the * intended to operate in time of peace
dispute that caused the hostilities. as well as in time of war
* treaty of peace imposed by the victor upon *Only states may become neutral but portions
the defeated state is regarded as a punishment of states may be neutralized
as is sustained on the ground although marked
by the vice of duress that normally would
invalidate other agreements Laws of Neutrality
*nationals of the vanquished state may be Relations of the belligerent states with the
protected and punished as war criminals and for neutral state
other violations of international law. They may Relations of the belligerent states with the
not escape responsibility on the ground that nationals of the neutral state
they were merely acting on orders of their state
Relations of belligerent States and Neutral

States
CHAPTER 19
a neutral state has the right and duty to abstain
NEUTRALITY from taking part in the hostilities and from
giving assistance to either belligerent; prevent
* A state is said to be neutral if it does not take its territory and other resources from being
part, directly or indirectly, in a war between
used in the conduct of hostilities by the
other states.
belligerents, and to acquiesce in certain
restrictions and limitations that the belligerent
may find necessary to impose, especially in
Neutrality and Neutralization connection with international commerce
neutrality – dependent solely on the attitude of belligerents are bound to respect the status of
the neutral state, which is free to join any of the the neutral state
belligerents any time it sees fit
governed by the law of nations

Use of Neutral Territories
*obtains only during war
neutral territory is inviolable and cannot be
neutralization – result of a treaty wherein the used by the belligerents for the movement of
duration and the other conditions of the troops and the undertaking of military
neutralization are agreed upon by the operations in general
neutralized state and other powers
use of neutral territory is not completely barred
this agreement governs the conduct of to the belligerents (example: passage of sick and
signatories wounded troops)
neutral state may give refuge to troops from the neutral state may not send military contingents,
belligerent forces extend loans or even sell for valuable
consideration, supplies of war to either or both
escaped prisoners of war need not be detained of the belligerents
by the neutral state but must be assigned a
place of residence if they are allowed to remain neutral state is not obliged to prevent the
export from or transit through its territory of
*warships may not enter neutral ports, war supplies purchased from private traders by
roadsteads and harbours except only in cases of the belligerents in the ordinary course of
unseaworthiness. The usual duration of the commerce, it is required to take reasonable
sojourn is 24 hours but this may be shortened diligence in preventing the delivery of vessels
or extended, depending on the reason for the constructed and armed in its territory for use by
entry. Thus, the vessel must leave as soon as it any of the belligerents
has been re-provisioned
Relations of Belligerent States with Nationals
*General rule: repairs in their territory of of Neutral states
damage sustained by a warship in battle –
permitted so long as they are not intended to neutral states enact legislation to avoid their
increase the fighting force of the vessel. involvement in foreign wars as a results of the
acts of their nationals
*not more than 3 vessels from any belligerent
shall be allowed simultaneously in the same neutral states are free to allow their nationals to
neutral port or waters deal, in their private capacity, with any of the
belligerents
territorial waters of a neutral state must never
be used as asylum for belligerent vessels under international law considers the relationship as
pursuit or attack by the enemy strictly between the individual and the
belligerent states and whatever hardships may
passage of military aircraft belonging to the be suffered by its nationals as a result thereof
belligerents is not allowed across the airspace of must, as a rule, be acquiesced in by the neutral
a neutral state. state
*where a belligerent aircraft is forced to land on

neutral territory, the same should be detained
and its officers and crew interned Visit and Search
belligerent warships and aircraft have the right

to visit and search neutral merchant vessels on
Use of Neutral Facilities and Services the high seas for the purpose of determining
whether they are in any way connected with the
* it is prohibited from giving belligerents any
hostilities
form of direct assistance in connection with the
conduct of hostilities.
the vessels may be captured as prize if they are
engaged in hostile activities, if they resist to
visit and search, or if there is reasonable by the belligerent forces are also liable to
suspicion that they are liable to confiscation seizure
* the cargo of these vessels may also be contraband are subject to condemnation
captured under certain conditions, as when
they are contraband DOCTRINE OF INFECTION – if they are shipped
together with innocent goods belonging to the
*Prize is not confiscated summarily but must be same owner; the latter may also be confiscated
brought to a prize court for adjudication
contraband are liable to capture from the time
*PRIZE COURT – is a tribunal they leave the port in which they are loaded
established by a belligerent under its own laws, and until they reach their final hostile
and applies rules of international law in the destination
absence of special municipal legislation.
DOCTRINE OF ULTIMATE DESTINATION – liability
Contraband of the contraband to capture is determined not
by their ostensible but by their real destination
contraband – term applied to goods which,
although neutral property, may be seized by a even if the vessel intends to stop at an
belligerent because they are useful for war and intermediate neutral port, it will still be
are bound for a hostile destination considered as in one continuous voyage
provided it can be shown that its cargo will
ABSOLUTE CONTRABAND – necessarily useful ultimately be delivered to a hostile destination
for war under all circumstances
DOCTRINE OF CONTINUOUS VOYAGE – when
subject to seizure so long as they are the goods are reloaded at the intermediate port
bound for enemy or enemy-held territory
on the same vessel
CONDITIONAL CONTRABAND – both civilian and
DOCTRINE OF CONTINUOUS TRANSPORT –
military purposes
when they are reloaded on another vessel or
other form of transportation
*may be seized only when it can be
shown that they are destined for the armed Blockade
forces or the authorities of the belligerent
government *Blockade – hostile operation by means of
which the vessels and aircraft of one belligerent
FREE LIST – includes goods useful for war and prevent all other vessels, including those of
bound for the belligerents but exempted from neutral states, from entering or leaving the
the law on contraband for humanitarian reasons
ports or coasts of other belligerent, the purpose
being to shut off the place from international
DOCTRINE OF ULTIMATE CONSUMPTION –
commerce and communication with other
goods intended for civilian use which may
ultimately find their way to and be consumed states
*Pacific blockade – applies only to the vessels of with a view to the transmission of information
blockaded state and does not affect the vessels in the interest of the enemy; OR
of other states
2. if with the knowledge of the owner, or the
*Requisites of blockade: one who charters the entire vessel, it is
transporting military detachment of enemy or
binding – duly communicated to the neutral one or more persons who, during the voyage,
states
lend direct assistance to the operations of the
enemy
effective – it is maintained by adequate force so
as to make ingress to or egress from the port
* a neutral vessel is also liable to condemnation
dangerous
and to be treated as a merchant vessel of the
enemy:
established by the proper authorities of the
belligerent government takes a direct part in the hostilities
limited only to the territory of the enemy and if it is under the orders or control of an agent
not extended to neutral places or international placed on board by the enemy government
rivers
chartered entirely by the enemy government
impartially applied to all states alike
if it is at the same time and exclusively either
* the liability of a neutral vessel to capture for devoted to the transport if enemy troops or the
breach of blockade is contingent on its transmission of information
knowledge, actual or presumptive of the
blockade and continues as long as it is pursued
by the ships of the blockading force after it has
Angary
left or tried to enter the blockaded port
by the right of angary – a belligerent may, upon

payment of just compensation, seize, use or
Unneutral Service destroy, in case of urgent necessity for purposes
of offenses or defense, neutral property found
consists of acts, of a more hostile character than in its territory, in enemy territory, or on the high
carriage of contraband or breach of blockade, seas
which are undertaken by merchant vessels of a
neutral state in aid of any of the belligerents THREE REQUISITES
a neutral vessel is liable to condemnation for that the property is under the control or
unneutral service: jurisdiction of the belligerent
1. if it is making a voyage special with a view to thet there is urgent necessity for the taking
the transport of individual passengers who are
that just compensation is paid to the owner
embodied in the armed forces of the enemy or
Termination of Neutrality
when the neutral state joins the war
neutral state will be governed by the

laws of war in its relations with the other
belligerents and by the laws of neutrality in its
relations with all other states
upon conclusion of peace
*all states will again be governed by the

laws of peace

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PUBLIC INTERNATIONAL LAW PUBLIC INTERNATIONAL LAW (CRUZ) |2014

BETIA| MENOR |REAMICO

MUNICIPAL LAW INTERNATIONAL

The position of the Philippines regarding this

maintain the goodwill and favourable conscience, morality, justice and

General principles of law recognized by SUBJECT OF INTERNATIONAL LAW- is the entity

Simple States- one which is placed

government exercising power over the purpose of representing any

THE VATICAN CITY When a portion of the population rises up in

THE U.N. CHARTER efforts to achieve their common

When they have been adopted by the vote PRINCIPLES

MEMBERSHIP The suspension may be lifted alone by

Original- those states which, having Suspended members will prevent it

grounds of persistently violating the principles peaceful adjustment of any

o Solutions of international Provide for periodic visits to trust

contracted by it in the ordinary course government may be that of a mere

recognition. It acknowledges a predecessor in the territory of the

Does not produce the same effect as the

Responsibility for acts of rebels resulting to

CHAPTER 7 Nothing in the present charter precludes

When such action is agreed upon in a treaty

Original mode of the acquisition by which

2. Administration absolute and undisputed possession of

ISLAND OF PALMAS CASE

ACCRETION – Mode of acquiring territory based BAYS – Well-marked indentation whose

METHODS OF DEFINING THE TERRITORIAL SEA Terrestrial domain

Personal STATE CANNOT EXERCISE JURISDICTION EVEN

JURISDICTION MAY BE EXERCISED BY A STATE Foreign states, heads of states, diplomatic

Foreign state property: embassies, Everything found within the terrestrial

Our own SC has held that the English rule is

THE PATRIMONIAL SEA

AERIAL JURISDICTION One of the most effective ways of

5 AIR FREEDOMS AGENTS OF DIPLOMATIC INTERCOURSE

ENVOY CEREMONIAL – Sent to attend state CONVENTION ON DIPLOMATIC RELATIONS,

ENVOY POLITICAL – Commissioned to negotiate Ambassadors

HEAD OF STATE DIPLOMATIC CORPS – Body consisting of the

To whom the regular or day-to-day conduct

DIPLOMATIC IMMUNITIES AND PRIVILEGES An action relating to succession in which the

suspended where it is effected by *commerce and navigation

Observance of Treaties Treaty Interpretation

words used are given their natural Acquisition of naturality

Statelessness the foreigner is expected to take the customary

CHAPTER 16 a state may be held responsible for:

TREATMENT OF ALIENS international deliquency

directly or indirectly imputable to it

the foreigner must accept the institutions of the

Standard of th reasonable state, that is, as EXHAUSTION OF LOCAL REMEDIES

Fundamental Principles of Extradtition SETTLEMENT OF INTERNATIONAL DISPUTES

extradition is based on the consent of the state

counterclaims with a view to their just and SETTLEMENT

the security council, on its own

the general assembly war was originally accepted as a legitimate

the secretary general in only 2 instances is the use of force allowed:

treaties of a political nature are automatically

activities test – if being foreigners they

*Combatants – those who engage directly in the

irregular forces he obtains or seeks to obtain information in the

they conduct their operations in

principle of chivalry – those that require

persons or things taken by the enemy are

CARTELS – agreements to regulate intercourse Usually in writing May be oral

PASSPORT – written permission given by the CEASEFIRE – unconditional stoppage of

SAFE-CONDUCT – pass given to an enemy CAPITULATION – surrender of military forces,