CONTENTS CHAPTERI. | GENERAL PRINCIPLES... CHAPTER Il. | SUBJECTS OF INTERNATIONAL LAW. CHAPTER II. FUNDAMENTAL RIGHTS OF STATES... 48 CHAPTER IV. TERRITORY OF STATES.. 61 CHAPTER V. JURISDICTION... 7 CHAPTER VI. RIGHT OF LEGATION.. 85 22 CHAPTER VII. TREATIES «......0.000 97 CHAPTER VIII. NATIONALITY AND STATELESSNESS.... 119 124 CHAPTER IX. STATE RESPONSIBILITY .... CHAPTER X. TREATMENT OF ALIENS... CHAPTER XI. 1982 UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS).... 144 170 132 CHAPTER XII. HUMAN RIGHTS... CHAPTER XIII. INTERNATIONAL ENVIRONMENTAL LAW... 177 CHAPTER XIV. INTERNATIONAL ECONOMIC LAW . 187 CHAPTER XV. ASSOCIATION OF SOUTHEAST ASIAN NATIONS .. 231 CHAPTER XVI. INTELLECTUAL PROPERTY... 244 CHAPTER XVII. SETTLEMENT OF DISPUTES.. 248 CHAPTER XVIII. WAR AND NEUTRALITY... 262 ANNEXES CHARTER OF THE UNITED NATIONS... 277 STATUTE OF THE INTERNATIONAL COURT OF JUSTICE... 311VIENNA CONVENTION ON THE LAW OF TREATIES... CHARTER OF THE ASSOCIATION OF SOUTHEAST. ASIAN NATIONS . 329 364A. I. GENERAL PRINCIPLES International Law Defined. 1 Origins. The intellectual origins of international law run concurrently with the development of sovereignty. Initially, Hugo Grotius and Alberico Gentili (16th century), both of competent theological training, characterized international law as municipal law writ large. Breakthrough. By the early 19th century, following the Napoleonic wars, the first major peace summit took place (Congress of Vienna, 1814-15), followed by the early versions of several important treaties including those establishing rules for the navigation of rivers (1815), those establishing the neutrality of Switzerland (1831) and Belgium (1831), the first codified law on maritime warfare (Declaration of Paris, 1856), and, much later, the Kellogg-Briand Pact (1928) which sought to limit or abolish war. Notably, these years also saw the creation of an early framework of rules regarding the recognition of States, and State responsibility. ‘Terminology. The term international law was first formally used by Jeremy Bentham in 1870. (See: J. Bentham, Introduction to the Principles of Morals and Legislation, 1789] Traditional Definition. That branch of mae ty which regulates the relations of States and o entities which have been granted international personality. {This definition focuses on subjects, which fare entities that possess international personality and have rights and obligations recognized under international law, as against objects, which are persons or things in respect of which rights are 1OUTLINE INTRODUCTION TO PUBLIC INTERNATIONAL LAW held and obligations assumed by the subjects of international law.] Another traditional definition is that of Oppenheim, who refers to international law as “a body of customary and conventional rules which are considered legally binding by civilized States in their intercourse with each other.” This definition appears to exclude general principles of law and seems to make a subjective distinction between so-called civilized and non-civilized States. [See: L. Oppenheim, International Law: A Treatise, 1912 fodern Definition. The law that deals with the conduct of States and international organizations, their relations with each other and, in certain circumstances, their relations with persons, natural or juridical (American Third Restatement). In a sense, the broadening scope and breadth of international law means that in contemporary times, it affects almost every aspect of our lives. Basis of International Law. vy The Natural Law School. There is a natural and universal principle of right and wrong, independent of mutual intercourse or compact, which can be discovered and recognized by every individual through the use of his reason and conscience. Since individuals compose the State whose will is but the collective will of the inhabitants, the State also becomes bound by the natural law. The _Positivist School. The binding force of international law is derived from the agreement of the States to be bound by it. In this context, international law is not a law of subordination but of coordination. The Eclectic or Grotian School, In so far as it conforms to the dictates of right reason, the voluntary law may be said to blend with the natural law and be, indeed, an expression of it. In case of conflict, the natural law prevails, being the more fundamental law. Other suggested basis: Ubi Societas Ibi Jus. Under this concept, law is considered as the hallmark of any Political community which intends to act togetheric. 1, GENERAL PRINCIPLES 3 for the common good. Law is therefore considered necessary for the society to function and, because it is necessary, it is ex hypothesi binding Belief _of States. Another cogent argument for international law is simply that it exists because States believe it exists. This belief can be seen from the communications the States make to each other, communications which notably contain substantial references to law and other legal references. Theories of International Relations. Ly Realist Theory. This theory provides that States are in a constant struggle for power; therefore, each State can be reasonably assumed to be acting only in pursuit of their individual interests. Institutionalist Theory. This theory is more interested with understanding international relations through the interplay of States in the different institutions. ‘As such, the relations of States are a product of their interaction not only among themselves, but also with the various institutions and hierarchical structures in the global political sphere. Neoliberalist Theory. This theory proceeds from an assumption that States are geared towards gains and profit, therefore, relations are often dependent on whether the same would be profitable or not. Democratic Peace Theory. This theory provides that democratic States are generally hesitant to go to war with other democratic States. [See also: Golden Arches Theory of Conflict Prevention] Hegemonic Stability Theory. This provides that the global system is likely to be stable when controlled by a single State which would be known as the Hegemon. Public International Law Distinguished from: de Private International Law. As to nature, international not municipal; as to remedies, international modes vs. local tribunals; as to parties, international entities not private persons; as to enforcement, internationalOUTLINE INTRODUCTION TO PUBLIC INTERNATIONAL LAW sanctions not local sheriff/police. Furthermore, Private International Law (or Conflicts of Laws) is not really a branch of international law but is rather a part of domestic law dealing with disputes that arise from private transactions between individuals or companies and corporations from one country vis-a-vis their counterparts in another country. International Morality or Ethics. Principles which govern relations of States from the standpoint of conscience, morality, justice, and humanity. International Comity. Rules of politeness/courtesy observed by States in their relations with other States. International Diplomacy. Objects of international policy and the conduct of foreign affairs. International Administrative Law. Body of laws which regulate the relations and activities of national and international agencies with respect to their material and intellectual interests which have received international recognition. International Law as True Law. t The Austinian Dilemma. John Austin (19th century positivist) States that laws are commands of a sovereign which receive the habitual obedience of the members of an independent political society. International law, according to Austin, does not follow this precept. International law, furthermore, lacks an. effective enforcement mechanism. Command Theory. Similar to the Austinian Dilemma, the “command theory” States that laws are commands of the sovereign authority and are backed by sanction. Those who subscribe to this theory therefore see international law as merely a “code of rules of conduct of moral force” and is simply “positive international morality’, International law as law. Although it may not comply with John Austin’s concept of law, i.e., enforced by sovereign political authority, nonetheless it is still true law. This is because despite the prevailing