EXAMS WILL BE THOSE DISCUSSED IN CLASS

Things to remember for Jamon:

4 belligirency requirements
organized
widespread
rules of war
willingness

difference of belligerency and insurgency

political objectives -belligirent

government sits down and talks with the group
they are considered as pow’s under international law
establishes diplomatic ties
right to sue
recognition validates earlier actions

lawless element no pol objective - insurgency

constitutive and declaratory

government must be able to control it’s territory and people. it must make the people
comply with its laws

constitutive - if there is no recognition then there is no state

declaratory - it is not necessary for the state to be recognised by other states

stana doctrine: legitimacy is not an important concern. What is important is that the
government is in control of its people.
wilson doctrine/ tobar doctrine: there must be popular consent of its constituents

marcos: de sure government

cory: de facto governent

5 consequences of recognition

Summarize Guaranty trust Company case

Statutory will not run until the notice is received

rsfr vs cibriano
an unrecognised party cannot sue or be sued

succession - even liabilities are also gained

TINOCO CASE
entered into a contract, na expel hung leader
new govt bill of nullities
they were compelled to honour contracts
though de facto it was a govt that was able to control its people
actions of tinoco should be b
it actions should be respected by the succeeding officers

WEST RAND
succeeding govt may take benefits but must also assume the liabilities

only if all the other nation states have accepted such doctrine
if majority of the civilised states abide the doctrine

ODIOUS DEBTS - inutang ng previous govt to finance its war against the succeeding
govt. The succeeding govt is not required to pay such debts because it was gained against
their favour.

ROBERT BROWN
TORT LIABILITY - hindi pwede i assume ng succeeding governemnt
CONTRACTUAL LIABILITY - pwede! i assume ng gov t ang succeeding govt

if it it involves routine then the govt should assume the burden!

THE RIGHT OF EXISTENCE AND SELF PRESERVATION

CUBAN CRISIS

Jurisdiction of States:
Dual citizens?
Universality principle
• genocide
• crimes against humanity
• war crimes
• piracy
Doctrine of Sovereignty
immunity

-Diplomatic Immunity

Right to innocent passage

what is cabotage? right to transport in coastal waters, and air space

IF A PLACE IS UNINHABITED THEN INFREQUENT OCCUPATION OR

ADMINISTRATION IS ENOUGH

UNCLOS (MEANING)
teritorry neutral
domain jurisdiction
territorial
taas aerial
eto maritime
land >>>>internal water>>>>territorial sea(right of innocent passage)
>>>>contiguous>>>>EEZ>>>>Continental Shelf>>>>high seas
1involuntary entrance
2. hot pursuit

"inchoate title” not perfected title

ex. discovery ichoate occupation ownership

french rule
not under jurisdiction of state unless it affects the territorial state
british rule
kapag pumasok na, under na nang jursidiction ng state

cabotage - transport of goods and passengers from one point to the other in a domestic
territory. Usually granted to domestic airlines or vessels and seldom granted to foreign
vessels or aircraft

Modes of acquiring territory

accretion - gradual accumulation of territory
avulsion - sudden

Thalweg - navigable portion of a river. example: middle of the river

“historic waters” medyo nabago na ng UNCLOS; considered as internal waters by
historic title

dereliction of territory
norman doctrine

EXTRADITION

extradition vs deportation

as a general rule:
there must be an extradition treaty

LALABAS SA EXAM
principles of specialty -must be strictly constructed
a treaty is a mutual agreement between 2 countries
offences must be listed for which a fugitive can be extradited
when you nego for a signing of an extra treating the parties must understand the nature of
the offenses that is understood in both jurisdictions

doctrine of double criminality - the offense should both be considered as a crime in both
jurisdiction and carries atleast 1 year of punishment

EXEMPTED from extradition:

crimes of conscience - you are prosecuted based on belief ex. political prisoners ,
religious

attentant clause ITATANONG murder of the head of state is never considered as a

political offence

general rule: concept of double criminality - both states must consider the offence as a
crime

discretionary unless there is treaty

requesting state must ensure that the offense must be criminal in nature and committed on
the jurisdiction of the requesting state

procedure of extradition - it will usually take one year to extradite the fugitive -
magkakaroon pa ng trial for due process.

IN RE CASIONI - POLITICAL OFFENSE - CANNOT BE EXTRADITED

IN RE MENUIER - ANARCHIST NO POLITICAL AGENDA - CAN BE

EXTRADITED

As a general rule, there is no stateless persons

CALVO CLAUSE!
Is the calvo clause legal?

INTERNATIONAL AGREEMENTS
TREATY- it is a meeting of the minds of the parties w/ the objective of establishing
obligations, rights, and benefits. You assume that the parties representing has an authority
to do so

general

Executive agreement - edca - is it a treaty or and executive order?

edca is a mere implementing agreement of the previous us rtreatment

to avoid ratification daw

edca is

executive agreement - merely provides for the details and general principles contained in
the treaty

protocol - agreement which supplements the treaty

convention providing for the details

ratification - also known as concurrence

pasta sun servanda

-inured party

rebus sic santimus

-things remaining as they are
-justify a negotiation on the change
-the negotiation of the treaty may no longer apply based on the change of the context

in good faith you comply with the agreement

Principle of alternat
it is an arrangement under which each negotiator is allowed to sign first to bring back a
copy which he will bring home

nicaragua vs icj
sandanista=communista
somosa=capitalista
won tama ba ginagawa ng us?
hindi raw

monroe doctrine - lahat latin americans US ang may hawak

us is obliged to help daw

bayan vs zamora
VFA
us should also treat the agreement as a treaty
philippines treat it as a treaty
us treated it as a mere agreement

WON us will commit to their obligations

Pimentel vs executive secretary

interntional criminal court

NEUTRALITY VS NEUTRALIZATION
neutrality - only exists during time of war
neutralization - exists in time of peace and war.

TIPS!!!
Concepts and doctrines!
1. basic definitions and concepts
soft law vs hard law
international treatment
what is custom?
clear and continuous hobbies

Sources
treaties
customs
general principles of law
judicial decisions
writings of publicist

Definition OF PIL!!!

Lex posterior derogat priori - real between international law and local law. Which
amends what. oil has equal footing with local law.

What is a lateral treaty? recognises vatican as a nation state

tobar or wilson doctrine? no state when it comes out of a coup

strada doctrine? a recognition of state of whatever staus it may be

recognition
retroactivity of recognition

RIGHTS

Sabatino amendment very important

succession of states

what is state continuity vs state succession?

what is effect of state succession?
public properties by succession
routinely acts of administration are binding

state continuity

rights and duties of states LIMA!

doctrine of sovereign immunity sec 51 of UN charter

when is self defense alloweD?

Plano doctrine vs porter resolution

prevents any state for using force unlike porter

Cabotage - transport of goods from one port to another in the same country. Usually
given to local vessels

right to innocent passage - right allowed in territorial waters

territorial waters?
hot pursuit?
ex territoriality vs extraterritoriality?

what is involuntary entrance?

jurisdiction of states
halos pareho sa territoriality

state imputability
1. CALVO CLAUSE
2. INTERNATIONAL DELINQUENCY
3. INTERNATIONAL STANDARD OF JUSTICE

Extradition

what is extradition?
what is attendant clause?
principle of double criminality?
what is the principle of specialty?

International agreements
pasta sun surged vs rebusic
principle of alternat?

what is reservation in international agreements?

NEUTRALITY
Right of angani
doctrine of ultimate destination

neutrality vs neutralization?