CH.
1 NATURE OF INTERNATIONAL LAW - Dissenting states bound by custom unless they had
International law – body of rules & principles of action which
are binding upon civilized states in their relations to one
another.
- Law which deals with the conduct of states & of
international organizations & with their relations inter se,
as well as with some of their relations with persons,
whether national or juridical.
Public International law – relationships between & among
states & also their relations with international organizations &
individual persons
Private International law – domestic law which deals with
cases where foreign law intrudes in the domestic sphere where
there are questions of the applicability of foreign law or the
role of foreign courts
Theories about international law
a. Command theory – law consists of commands originating
from a sovereign & backed up by threats of sanction if
disobeyed.
b. Consensual theory – international law derives its binding
force from the consent of states
c. Natural law theory – law is derived by reason from the
nature of man.
CH. 2 SOURCES OF INTERNATIONAL LAW
Classification of Sources of International Law
a. Formal sources – various processes by which rules come
into play. (e.g. Legislation)
b. Material sources – those concerned with substance &
content of the obligations. (e.g. UN resolutions)
Sources (according To Art. 38 Statute of ICJ)
a. International customs
b. International conventions (treaties)
c. General principles of law
d. Judicial decisions & teachings
Custom
- General & consistent practice of states followed by them
from a sense of legal obligation
- Requisites:
o Duration - Short duration by itself will not exclude the
possibility of a practice maturing into custom provided
that other conditions are satisfied (North Sea Continental
Shelf cases doctrine)
o Continuity & repetition (Asylum Case doctrine)
o Uniformity & generality of practice – need not be
complete, but it must be substantial (Nicaragua v US
doctrine)
- Opinio Juris – A certain form of behavior is obligatory - which
makes a practice an international rule. (Must be proven by
party claiming & cannot be proclaimed by court motu
proprio)
- It is possible for custom to bind 2 states only provided that
the party claiming proves that it also binds the other
consistently objected to it while custom was merely in the
process of formation. (Dissent only affects dissenter)
- Instant custom – not the product of constant & prolonged
practice but rather comes about as a spontaneous activity of
a great number of states supporting a specific line of action
Treaties
- Binding force comes from voluntary decision of sovereign
states to obligate themselves to a mode of behavior
- Generally binding only on the parties, but number of parties
may have the effect of creating a universal law
- Treaty v Custom
o If treaty develops later, treaty prevails UNLESS custom has
status of jus cogens
 Jus Cogens – norm accepted & recognized by the
international community of States as a whole as a norm
from which no derogation is permitted & which can be
modified only by a subsequent norm of general
international law having the same character.
 In short, no derogation is allowed from a jus cogens
because it is jus cogens.
o If custom develops later, it seems that custom prevails
BUT in practice, parties reconcile treaties to conform with
the newly developed custom to keep treaties alive
General Principles of Law
- Principles of municipal law common to the legal systems of
the world
Judicial Decisions
- Decisions of the ICJ do not constitute stare decisis
(remember, they are only binding upon the parties who
submit themselves to ICJ jurisdiction). However, they are
highly persuasive in the international law sphere.
Equity
- Under Art. 38 of the ICJ statute, ICJ can decide a case ex
aequo et bono. Hence, the ICJ has freedom to consider
principles of equity as part of international law.
- Kinds:
o Intra legem (within the law) – law is applied to the facts of
the case
o Praeter legem (beyond the law) – equity is used to fill the
gaps within the law
o Contra legem (against the law) – law is not applied for
such law is unjust
CH. 3 THE LAW OF TREATIES
Treaties – international agreement concluded between States
in written form & governed by international law, whether
embodied in a single instrument or in 2 or more related
instruments & whatever its particular designation
Requisites (from the Vienna Convention’s definition):
a. In writing
b. Reflective of the intention of the parties to be bound
c. Governed by international law
*Quatar v Bahrain (exchange of notes between 2 heads of  Exceptions:
state) a) Prohibited by treaty
- No particular form is required of a treaty b)Treaty provides that only specific reservations may be
- “It (the ICJ) knows of no rule of international law which made
might preclude a joint communique from constituting an c) Reservation is incompatible with purpose & object of
international agreement” treaty
 Procedure:
Unilateral Declarations a) In writing
- Unilateral declarations create obligations when: b)Communicated to contracting states & states entitled
o a) the commitment made is very specific; & to become a party
o b) there is a clear intent to be bound on the part of the c) If formulated when signing, must be confirmed by
state making the declaration. reserver
d)Acceptance/objection does not require confirmation
Kinds of treaties: e)Withdrawals must also be in writing
a) Codification/law-making treaties  General Rule: No subsequent acceptance is required to
b)Those which create a collaborative mechanism accept a reservation
c) Bilateral Treaties  Exception: Treaty provides such requirement
 In which case:
Making of treaties a) All must accept IF application of entire treaty is
- Negotiation essential to the consent of each one;
o Done thru foreign ministries or thru diplomatic b)Organ must accept IF treaty is constituent instrument;
conferences c) Acceptance makes reserving states party to treaty in
o Who has the power to negotiate? relation with acceptors
 Heads of State/Government & Ministers for Foreign d)Reservation effective as soon as one other contracting
Affairs state accepts
 Heads of Diplomatic Missions (for treaties between their  A reservation is accepted if there is no objection
state & an accrediting state)  Effect of acceptance: reservations control between
 Reps accredited by states to an international conf/org accepting & reserving state
o When is a person considered to have the power to  Effect of objections: reserved provisions do not apply
negotiate? between objecting & reserving state (hence, all other
 When he produces full powers; unaffected provisions are given effect) UNLESS objecting
 When States intended to consider that person as having state thinks reservations are incompatible with treaty in
such power (as appearing from their practice or other which case, there is no treaty between them
circumstances)  Withdrawal of reservation may be made anytime &
- Authentication acceptance is not needed
o 2 ways to adopt text  Objection may also be withdrawn anytime unless
a) getting consent of all states participating in its otherwise provided
drawing up  Becomes effective only after receipt of notice of
b) if international conf, by 2/3 votes of States present & withdrawal (same rule re: withdrawal of objection)
voting UNLESS majority decides diff rule  In bilateral treaties, reservations amount to rejection
o Text of a treaty is authenticated by: - Entry into Force
a) following the procedure provided in the treaty o Treaties enter into force in the following procedure:
b) failing such procedure, by signature, referendum or a) Upon manner & date agreed upon
initialing by State reps b)If there is no such agreement, upon date of obtaining
- Consent the consent of parties
o Consent may be expressed by: c) If consent was given after treaty has already come into
a) Acceptance force, treaty enters into force on that date UNLESS
b)Approval treaty otherwise provides
c) Signature d)Provisions of treaty re: matters which arise necessarily
d)Exchange of Instruments before entry into force apply from time of adoption (e.g.
e)Ratification manner & date of entry, reservations)
f) Other means agreed upon o Provisional application allowed only in 2 instances
o Accession a) Treaty provides
 Means for a state who did not participate in the initial b)States agree upon provisional application in any other
negotiation to express their consent to be bound manner
o Reservation - Application
 Expression of how a state understand a treaty a) Must be performed in GF (pacta sunt servanda)
 General Rule: Reservations are allowed
 b)Internal law may not be used as justification to avoid
obligations in treaty
*UNLESS treaty is a manifest violation of its internal law
which is of fundamental importance (also, such violation
must be objectively evident to any State in GF to be so)
c) Unless there is a different intention between the parties,
treaty is binding upon entire territory of consenting
state
- Interpretation
a) Interpreted in GF, in ordinary meaning in its context & in
light of object & purpose
b)Consider the following: 1) text; 2) preamble; 3) annexes;
4) agreements between all parties; 5) instruments made
by 1/more parties
c) The following are also taken into account: 1) subsequent
agreements; 2) subsequent practice; 3) relevant rules in
international law
d)A special meaning is given only when established
*Air France v Saks
Example of a treaty (the Warsaw Convention) being
interpreted with the use of negotiating history of the
parties, conduct of the parties & the weight of the
precedent in foreign & American courts.
Invalidity of Treaties
- Grounds:
a) Error
- May be invoked if error relates to a fact/situation which
was assumed by the state to exist @ the time when
treaty was concluded & formed an essential basis of its
consent
- May not be invoked if State contributed by its own
conduct to the error
- Error relating only to a treaty’s wording does not affect
its validity
b)Fraud
c) Corruption
d)Coercion
e)Violation of Jus Cogens
- State loses its right to assert invalidity of a treaty IF after
becoming aware of the facts:
a) It shall have expressly agreed that the treaty is valid or
remains in force or continues in operation
b)By reason of its conduct be considered as having
acquiesced in the validity of the treaty or in its
maintenance in force or in operation
Amendment v Modification
Amendment – formal revision done with the participation by
ALL parties to the treaty
Modification – involves only SOME of the parties
Termination/Suspension of treaties
- Grounds:
a) Terms of treaty
b)Consent of parties
c) Expiration
d)Achievement of Treaty’s purpose
e)Material Breach
f) Impossibility of Performance
g) Rebus Sic Stantibus/Change of Fundamental Conditions
- Material Breach
o In Bilateral treaties, material breach of one party entitles
the other to terminate/suspend
o In Multilateral treaties, it may be terminated/suspended
by:
1)OTHER PARTIES by unanimous agreement either: a) in
relations between themselves & defaulting state; or b)
between all parties
2)PARTY SPECIALLY AFFECTED BY THE BREACH (between
itself & defaulting state)
3)ANY PARTY IF treaty is of such character that a
materially breach of the parties radically changes the
position of every party with respect to the performance
of its obligations
o Consists in: a) repudiation which is not sanctioned; b)
violation of a provision essential to the accomplishment of
treaty’s object or purpose (Namibia Case doctrine)
- Supervening impossibility of performance
o If impossibility results from the permanent disappearance
or destruction of an object indispensable for the execution
of the treaty. If temporary, suspension only.
o May not be invoked if the impossibility is the result of a
breach by that party of its obligation under the treaty or
its obligation owed to any other state party to the treaty
- Rebus Sic Stantibus
o May not be invoked unless:
 Existence of circumstances constituted essential basis of
the consent of the parties
 Effect of change is radically to transform the extent of
the obligations still to be performed
o May not be invoked IF:
a) Treaty establishes a boundary
b)Result of a breach by the party invoking it
*Fisheries Jurisdiction Case, UK v Iceland
“…in order that a change of circumstances may give rise
to a ground for invoking the termination of a treaty it is
also necessary that it should have resulted in a radical
transformation of the extent of the obligations still to be
performed. The change must have increased the burden
of the obligations to be executed to the extent of
rendering the performance something essentially
different from that originally undertaken.”
*Danube Dam Case, Hungary v Slovakia
“…even if a state of necessity is found to exist, it is not a
ground for the termination of a treaty.”
“…impossibility of performance may not be invoked for
the termination of a treaty by a party to that treaty
when it results from that party’s own breach of an
obligation flowing from that treaty.”
“…A fundamental change of circumstances must have
been unforeseen; the existence of the circumstances
must have constituted an essential basis f the consent of
the parties to be bound by the treaty.”
“…it is only a material breach of the treaty itself, by a
state party to that treaty, which entitles the other party
to rely on it as a ground for terminating the treaty. The
 violation of other treaty rules or of rules of general
international law may justify the taking of certain
measures, including countermeasures, by the injured
State, but it does not constitute a ground for
termination under the law of treaties.”
- Procedure:
1. Notice to other states including measure proposed to be
taken & reasons therefor
2. If after expiry of a period (which should not be less than
3 months except in cases of special urgency),no
objection is raised, party may carry out the manner it
has proposed
3. If there is an objection, parties shall seek a solution
within 12 months. Else, ICJ or arbitration
*Notice must be in writing & signed by Head of State (if not
signed, it may be requested to do so)
*Notice may be withdrawn anytime before it takes effect
- Authority to terminate
- should also belong to the one who has the authority to
enter
- In the Philippines, it is shared between the President & the
Senate
Succession to treaties
- Clean Slate rule – a newly independent state is not bound to
maintain in force or to become a party to, any treaty by
reason only of the fact that at the date of the succession of
States the treaty was in force in respect of the territory by
which the succession of States relates.
- Clean slate rule does not apply to treaties affecting boundary
regimes
CH. 4 INTERNATIONAL LAW & MUNICIPAL LAW
Municipal Law International Law
Source
Local custom/legislation Treaties/custom among
states
Relations regulated
between individuals/nationals between states
Substance
Law of sovereign over Law between sovereign states
individuals
*This according to the dualist/pluralistic theory. Monism says
both laws belong to one system of law only.
2 Methods of Integrating International Law into Domestic Law
a) Transformation – for international law to become part of
domestic law it must be expressly & specifically transformed
into domestic law thru the appropriate constitutional
machinery
b)Incorporation – ‘automatic’ adoption of international law as
part of the law of the land. (This is what is followed in the
Philippines, subject to the concurrence of the Senate. Note
however, that this only applies to customary law & treaties
which have become part of customary law.)
*Mejoff v Director of Prisons
Example of a case where the SC used the Universal
Declaration of Human Rights (an international convention)
to resolve a case via the principle of incorporation
*Kuroda v Jalandoni
Weird case where the SC used the Hague Convention to
resolve the case, a convention to which the Philippines was
not a signatory at the time. The SC said that the
incorporation principle in Art. 2, §3 “is not confined to the
recognition of rules & principles of international law as
contained in treaties to which our government may have
been or shall be a signatory.”
International Law v Municipal Law, which should prevail in
case of conflict
Scenario 1: International law conflicts with domestic law =
Depends which court.
Domestic court = Depends (check out scenarios 2 & 3).
International court = International law. Why? Because states
may not use domestic law as excuse to perform obligations
under treaties
Scenario 2: International law vs Consti = Consti
Scenario 3: International law vs Statute = Latter one
*Head Money Cases, Edye v Robertson
A treaty is part of the law of the land & the courts may
resort to it as if it was a statute (in other words, it is subject
to judicial cognizance). It is not however superior to other
statutes hence, the Congress may repeal/modify it by an act
of a later date.
*Whitney v Robertson
There is no superior efficacy given to a treaty over a statute
& vice versa. When they relate to the same subject, the
Courts will construe them as to give effect to both. But if the
two are inconsistent, one last in date will control provided
the stipulation of the treaty is self-executing.
If a country is dissatisfied with legislative action it cannot go
to the courts for redress for the proper avenue would be the
executive dept, treaties being a matter of diplomatic
relations.
CH. 5 SUBJECTS OF INTERNATIONAL LAW: STATES
Subjects of International Law – entities endowed with rights &
obligations in the international order & possessing the capacity
to take certain kinds of action on the international plane.
- Those who have international personality.
Objects of International Law – those who indirectly have rights
under or are beneficiaries of international law.
State – community of persons, more or less numerous,
permanently occupying a definite portion of territory,
independent of external control, & possessing an organized
government to which the greater body of inhabitants render
habitual obedience.
Qualifications of State:
a. Permanent Population - a community of persons sufficient in
number & capable of maintaining the permanent existence
of the community & held together by a common bond of law
b. Territory – a definite territory over which an entity exercises
permanent sovereignty
c. Government – An institution or an aggregate of institutions
by which an independent society makes & carries out those
rules of action which are necessary to enable men to live in a
social state or which are imposed upon the people forming
that society by those who possess the power or authority of
prescribing them.
d. Sovereignty – independence from outside control
Recognition of states
Recognition – act of acknowledging the capacity of an entity to
exercise rights belonging to statehood.
Declaratory theory – recognition merely accepts an already
existing situation
Constitutive theory – recognition confers statehood
Recognition of Government – act of acknowledging the
capacity of an entity to exercise powers of government of a
state. Not tantamount to approval of such a government’s
methods. Terminated upon recognition of another regime.
*The Tinoco Arbitration, Great Britain v Costa Rica
Non-recognition does not invalidate subsequent
presentation of claims against a succeeding state such claims
having originated from the obligations incurred by the non-
recognized predecessor
*Upright v Mercury Business Machines Co
A foreign government, although not recognized, may
nevertheless have de facto existence which is juridically
cognizable. The acts of such de facto government may affect
private rights & obligations arising either as a result of
activity in, or with persons or corps within, the territory
controlled by such de facto government.
Succession of States
- Successor assumes capacities, rights & duties of predecessor
state.
- Treaties between other states & predecessor states cease to
have effect. & treaties of successor state come into force.
Fundamental Rights of States
a) Independence – capacity of a state to provide for its own
well-being & development free from the domination of
other states, providing it does not impair or violate their
legit rights.
b)Equality – means legal equality.
c) Peaceful co-existence – mutual respect of each other’s
territory integrity and sovereignty, mutual non-aggression,
non interference in each other's affairs & the principle of
equality.
Incomplete Subjects
a) Protectorates – dependent states whose internal affairs
are controlled by them but external affairs are
controlled by another (incomplete sovereignty)
b)Federal state – union of previously autonomous states
(no one central government)
c) Mandated & Trust territories – territories placed by
League of Nation under one or other of the victorious
allies of WWI (no sovereignty)
d)Taiwan – de jure part of China (no sovereignty)
e)The Sovereign Order of Malta – lost sovereignty
f) The Holy See & The Vatican City – No permanent
population
CH. 6 OTHER SUBJECTS OF INTERNATIONAL LAW
Who are the other subjects of International Law?
1. International organizations
2. Insurgents
3. National Liberation Movements
4. Individuals
International Organizations
- definition, org set up by treaty among 2 or more states.
Hence, international organizations are established by treaty
- international personality may be implied from an
organization's functions. But having an international
personality does not mean that they have powers &
privileges like that of a state. Their powers & privileges are
limited by the constituent instrument that created them.
- International personality grants them immunity but not
because of sovereignty but rather for the effective exercise
of their functions.
*Kapisanan ng mga Manggagawa v IRRI
SC recognized IRRI as an international org despite IRRI
being created not by treaty but rather by a memorandum
agreement. Such grant of immunity, the SC said, is clearly
necessitated by their international character & respective
purposes. The objective is to avoid the danger of partiality
& interference by the host country in their internal
workings.
*WHO v Aquino
“…diplomatic immunity essentially a question & courts
should refused to look beyond a determination by the
exec branch of the government & where the plea of
diplomatic immunity is recognized & affirmed by the exec
branch of the government, …[the duty of the courts is to
accept] the claim of immunity upon appropriate
suggestion by the principal law officer of the
government…”
*Jeffrey Liang v People
Immunity not absolute; but limited to acts performed in
an official capacity & could not cover the commission of a
crime
The UN
- Purposes:
a) Maintain International
peace & security
b)Develop Friendly relations Among nations
c) Achieve International In solving
cooperation international
problems
d)Be a For harmonizing Actions of nations
center
- UN enjoined in intervening in matters which are essentially
within the domestic jurisdiction of a state
- International constitutional supremacy clause – clause in the
UN charter which states that the obligations of the Members
 of the UN under the UN charter prevail over obligations d stability of the region power
under any other international agreement in case of conflict rivalry
- Principal organs: c)Serve as For resolution of intra-regional
a) General Assembly forum differences
- All members are represented.GA may discuss any o Aims & purposes
question or any matters within the scope of the Carter a) Economic growth, social progress & cultural
- ‘Important Questions’ v ‘Other Matters’ Accelerate development
o ‘Important questions’ decided by 2/3 majority of b) Regional peace & stability
members present & voting Promote
o ‘Other questions’ decided by majority vote o 3 pillars:
o Charter identifies what matters are ‘important a) ASEAN Security Community
questions’ & GA may identify ‘important questions’ by b)ASEAN Economic Community
majority vote c) ASEAN Socio-cultural Community
b)Security Council o Fundamental principles
- 15 members, 5 of which are permanent (France, UK, a) Mutual respect
China, Russia, US) b)Recognition of right of every state to lead its national
- Other 10 are elected for 2 yrs in accordance with existence
equitable geographic representation c) Non-interference in internal affairs
- ‘Procedural matters’ v ‘All Other Matters’ d)Peaceful settlement of differences & disputes
- ‘All other matters’ require 9 affirmative votes including e)Renunciation of threat or use of force
concurring votes of the 5 permanents f) Effective cooperation
- Council may determine which are ‘procedural matters’
by concurrence of the permanents Insurgents
c) Economic & Social Council (ECOSOC) - Insurgents which come under the application of 1977
- Has 54 member states elected for 3 year terms Protocol II may be regarded as para-statal entities possessing
d)Trusteeship Council definite if limited form of international personality. Meaning:
- Supervises non-self governing territories a) They are recognized as having belligerent status against
e)International Court of Justice (ICJ) the de jure government
- Principal judicial organ of the UN b)They are seen as having treaty making capacity
f) Secretariat - Non-international armed conflict – armed conflicts which
- Comprises a Secretary General & such staff as the Org take place in the territory of a High Contracting Party
may require between its armed forces & dissident armed forces or other
- Secretary General elected to a 5-yr term by the GA upon organized armed groups, which under responsible
recommendation of SC command, exercise such control over a part of its territory as
- Chief Administrator of the UN to enable them to carry out sustained & concerted military
- Has power to bring to the attention of the SC any matter operations
which in his opinion may threaten the maintenance of - Requirements for Protocol II’s application:
international peace & security a) The armed dissidents must be under responsible
- Other Agencies of the UN command;
a) UN Educational, Scientific & Cultural Org (UNESCO) b)They must exercise such control over a part of its territory
b)International Civil Aviation Org (ICAO) as to enable them to carry out sustained & concerted
c) World Health Org (WHO) military operations
d)Food & Agricultural Org (FAO) *If Protocol II does not apply, Common Article 3 applies
e)World Bank - Common Article 3
f) International Monetary Fund (IMF) - in cases of armed conflict not of an international character,
persons taking no active part in the hostilities, including
Regional Organizations: those who have laid down their arms & placed hors de
- Not subsidiary organs of UN but has institutional affiliation combat should be treated humanely without any adverse
with it distinction
- e.g. ASEAN - following acts are prohibited:
o Original members: Thailand, Indonesia, Malaysia, a) violence to life & person
Philippines, Singapore; subsequent members: Brunei b) taking of hostages
Darussalam, Vietnam, Laos, Myanmar & Cambodia. c) outrages upon personal dignity
o 3 main objectives: d) passing of sentences & carrying of executions without
a)Promote Economic, Social & Of South- previous judgment
Cultural Development East Asian - the wounded & sick shall be collected & cared for
region
b)Safeguar Political & economic Against big National Liberation Movements
National Liberation Movements – organized groups fighting in
behalf of a whole people for freedom from colonial powers
- Peoples fighting against colonial domination & alien
occupation against racist regimes in the exercise of their
right of self-determination
- Characteristics:
a) Based within the territory which they are seeking to
liberate
b)Legitimacy comes from goal, self-determination
Individuals
- Individuals have limited legal capacity. Why?
a) When rights of individuals are violated, they still have to
rely on the enforcement power of states
b)Individuals have procedural rights but only toward the
group of States that have concluded treaties or
international organizations that have adopted
resolutions
c) They have international obligations but they do not
possess rights in relation to members of the
international community.
d)States are willing to demand of them respect for some
fundamental values but states are less prepared to
associate them to their international dealings, let alone
grant them the power to sue States before international
bodies.
CH. 7 TERRITORY: LAND, AIR, OUTER SPACE
Territory – an area over which a state has effective control
- Exact boundaries may be uncertain but there should be a
definitive core over which sovereignty is exercised
- Sovereignty over a portion of the surface of the globe is the
legal condition for the inclusion of such portion in the
territory of any particular state (Las Palmas case doctrine)
Traditional modes of acquisition:
a) Discovery & occupation
- Occupation – acquisition of terra nullius (territory which,
prior to occupation, belonged to no state or which may
have been abandoned by a prior occupant)
*Las Palmas case
Discovery of terra nullius is not enough to establish
sovereignty. It must be accompanied by effective control.
Also, contiguity is not a mode of acquisition.
- When there are 2 or more claims to a territory, effective
control is relative to the strength of claims (Eastern
Greenland case)
b)Prescription
- Mode of acquiring sovereignty over territory thru the
lapse of time
- Also requires effective control but longer than that
required in occupation
- Might be negated by a lack of acquiescence of a prior
occupant
c) Cession
- Acquisition of territory thru treaty
- Treaty of cession imposed by a conqueror is invalid
d)Conquest
- Taking of possession of a territory thru armed force
e)Accretion & Avulsion
- Accretion – gradual increase of territory by the action of
nature
- Avulsion – sudden change resulting from action of nature
Airspace
- Chicago Convention on International Civil Aviation
o Every state has complete & exclusive sovereignty over the
airspace above its territory
o Applies only to Civil aircraft & not to State aircraft
o State aircraft – those used for military, customs & police
services
o No state aircraft shall fly over the territory of another
state or land thereon without authorization
o Non-scheduled flight v Scheduled flight
 Non-scheduled flights
 Aircraft not engaged in scheduled international air
services
 Has right to make flights into or in transit non-stop
across its territory
 Has right to make stops for non-traffic purposes
 Both without necessity of obtaining prior permission
but subject to right of state flown over to require
landing
 Aircrafts desiring to proceed over regions which are
inaccessible or without adequate air navigation
facilities may be made to: a) follow prescribe rules; or
b) obtain special permission
 IF the aircraft is engaged in the carriage of passengers,
cargo or mail for remuneration or hire, it shall have
the privilege of taking on or discharging passengers
subject to state regulation
o Scheduled flights
 Such aircrafts need special permission or other
authorization
o Cabotage
 States may refuse permission
 No state shall grant privileges on an exclusive basis &
shall not obtain such exclusive privilege from any other
state
Outer Space
- Sovereignty over air space extends only until where outer
space begins
- 1967 Treaty on the Exploration & Use of Outer Space
o Exploration & use of outer space shall be for the benefit &
in the interests of all countries & shall be the province of
all mankind
o Outer space & celestial bodies, shall be free for
exploration & use by all states without discrimination
o There shall be free access to all areas of celestial bodies
o Outer space not subject to national appropriation by claim
of sovereignty
o States may not place objects carrying nuclear weapons or
weapons of mass destruction in orbit around the Earth
o States may not install weapons on celestial bodies or
station such weapons in outer space in any other manner
 o Establishment of military bases, installations &
fortifications & the testing of any type of weapons & the
conduct of military maneuvers on celestial bodies are
forbidden.
o Use of military personnel for scientific research or for any
other peaceful purposes shall not be prohibited.
o Use of any equipment or facility necessary for peaceful
exploration also not prohibited
o Astronauts shall be regarded as envoys of mankind & shall
be rendered all possible assistance in the event of
accident, distress or emergency landing
o Astronauts of one state shall render all possible to the
astronauts of other State parties
o States shall immediately inform other states of any
discovered phenomena in outer space which could
constitute danger to the life/health of astronauts
CH. 8 TERRITORY: LAW OF THE SEA
Doctrine of the Open Seas – high seas are res communis,
accessible to all
- Recognizes as permissible the delineation of a maritime belt
by littoral states as an indivisible part of its domain
Territorial Sea – belt of sea outwards from the baseline & up to
12 nautical miles beyond
- If the application of the 12-mile rule would result to
overlapping, the DIVIDING LINE is the median line
equidistant from the opposite baseline.
- Equidistance rule does not apply where historic title or other
special circumstances require a different measurement.
- Baseline – the low-water line along the coast as marked on
large scale charts officially recognized by the coastal states
- 2 ways of drawing the baseline:
a) Normal – drawn following the low-water line along the
coast marked on large scale charts officially recognized by
coastal states. Follows the curvatures of the coast &
therefore would normally not consist of straight lines
*low water mark – mean between high tide & low tide
b)Straight – used for archipelagic states, straight lines are
drawn connecting selected points on the coast without
appreciable departure from the general shape of the
coast.
*Limitations:
1) Drawn joining outermost points of outermost islands &
drying reefs provided that within such baselines are
included the main island & an area in which the ratio of
the area of the water to the area of the land is between
1 to 1 & 9 to 1
2) Length shall not exceed 100 nautical miles except up to
3% may exceed up to max length of 125 nautical miles
3) Drawing of such baselines shall not depart to any
appreciable extent from the general configuration of the
archipelago
4) Baselines shall not be drawn to & from low-tide
elevations unless lighthouses or similar installations
which are permanently above sea level have been built
on them or such elevation is situated wholly or partially
at a distance not exceeding the breath of the territorial
sea
5) Shall not be applied as to cut off from the high seas or
the EEZ or territorial sea of another State
6) If a part of the archipelagic waters of an archipelagic
State lies between 2 parts of an immediately adjacent
neighboring State, existing rights & all other legit
interests which the latter State has traditionally
exercised shall continue & be respected
Sovereignty over Territorial Sea
- Sovereignty over sea is subject to the right of innocent
passage by other states. Applies to ship & aircraft,
submarines must surface.
- Innocent passage – passage that is not prejudicial to peace,
good order or security of the coastal state
- Acts not considered innocent passage (WI2P2A-F2ORMS):
a) Any exercise/practice with WEAPONS
b)Any act aimed at collecting INFORMATION to the prejudice
of the coastal state
c) Any act aimed at INTERFERING with any systems of
communication or any other facilities or installations of
the coastal state
d)Any act of PROPAGANDA aimed at affecting the
defense/security of the coastal state
e)Any act of willful & serious POLLUTION
f) Launching, landing or taking on board of any AIRCRAFT
g) Any threat or use of FORCE
h)Any FISHING activities
i) Any OTHER activity not having a bearing on passage
j) Carrying out of RESEARCH/SURVEY activities
k) Launching, landing or taking on board of any MILITARY
DEVICE
l) SMUGGLING
- Coastal states have the unilateral right to verify the innocent
character of passage & may take necessary steps to prevent
passage that it determines to be not innocent
*Corfu Channel Case
States in time of peace have a right to send their warships
thru straits used for international navigation between 2
parts of the high seas without the previous authorization
of a coastal State, provided that the passage is innocent.
No right for a coastal state to prohibit such passage in
time of peace.
Internal Waters – all waters landwards from the baseline of
the territory
- Not subject to the right of innocent passage
*Saudi Arabia v Aramco
Ports of every state must be open to foreign vessels & can
only be closed when the vital interests of the state so
requires
*Nicaragua v US
A coastal state may regulate access to its parts
Bays – considered internal waters
Historic bays – bays treated by coastal states as internal waters
on the basis of historic rights
Contiguous Zone – area of water not exceeding 24 nautical
miles from the baseline
- Coastal states exercises authority over that area to the
extent necessary to prevent infringement of its customs,
fiscal, immigration or sanitation authority over its territorial
waters or territory & to punish such infringement
Exclusive Economic Zone (EEZ) – area extending not more than
200 nautical miles beyond the baseline
- Coastal state has rights over the economic resources of the
sea, seabed & subsoil – but the right does not affect the right
of navigation & overflight of other states.
- 2 primary obligations of coastal states over EEZ :
a) Ensure thru proper conservation & management measures
that the living resources of the EEZ are not subjected to
over-exploitation
b)Promote the objective of ‘optimum utilization’ of the living
resources
o Pursuit must commence when the foreign vessel is win the
internal waters, the archipelagic waters, the territorial
waters or the contiguous zone of the pursuing state. It
may continue into the high seas if the pursuit has not been
interrupted.
o If the foreign ship is in the contiguous zone, it may be
pursued only for violations of the rights of the coastal
state in the contiguous zone.
o Applies to violations of applicable laws & regulations of
the coastal state in the EEZ or the continental shelf
o Hot pursuit must stop as soon as the ship pursued enters
the territorial waters of its own state or a 3 rd state
o May be carried out only by warships or military aircraft or
any other ship or aircraft properly marked for that
purpose
CH. 9 JURISDICTION OF STATES

The Continental Shelf – refers to: Jurisdiction – authority to effect legal interest
a) The seabed & subsoil adjacent to the coastal state but
outside the territorial sea, to a depth of 200 meters or
beyond that limit, to where the depth allows exploitation
b)The seabed & subsoil of areas adjacent to islands
- Coastal state has right to explore & exploit natural resources
therein, erect installations & safety zone over installations.
- Such right does not affect the right of navigation of other
states
The Deep Seabed – areas of the seabed & the ocean floor, &
their subsoil, which lie beyond any national jurisdiction.
Common heritage of mankind & may not be appropriated by
any state or person

Islands
Island – naturally formed area of land, surrounded by water,
which is above water @ high tide
*Rocks (islands) which cannot sustain human habitation or
economic life of their own shall have no EEZ or continental
shelf
- Artificial islands are not islands within the contemplation of
the convention. Coastal states may establish safety zones &
prescribe safety measures around them though.

High Seas – all parts of the sea that are not included in the
territorial sea or in the internal waters of a State
Subject to 6 freedoms (FARCON):
a) Freedom of FISHING (involves duty to cooperate in taking
measures to ensure conservation & management of the
living resources)
b)Freedom to construct ARTIFICIAL ISLANDS & STRUCTURES
c) Freedom of scientific RESEARCH
d)Freedom to lay submarine CABLES & PIPELINES
e)Freedom of OVERFLIGHT (belongs to both civilian &
military aircraft)
f) Freedom of NAVIGATION
- Flag state has exclusive jurisdiction over its ships on the high
seas.
- Hot pursuit of a foreign vessel allowed where there is good
reason to believe that the ship has violated laws or
regulations of a coastal state.