I.

INTERNATIONAL LAW p6
Traditionally, International Law is defined as "That
branch of public law which regulates the relations of States and of
other entities which have been granted international personality."
In the modern times, it is defined as "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]."
natural persons- humans
juridical persons- corporations, NGOs
PUBLIC VS. PRIVATE LAW p9
2 laws:
Public Intl. Law
transaction between sovereign states - free
Intl. Jurisprudence is automatically incorporated in the
constitution
All other laws are beneath constitution
criminal, labor, civil
The doctrine of transformation requires the enactment by the
legislative body of such international law principles as are sought
to be part of municipal law.
Sec. 16, Art. II, Philippine Constitution, which reads: “The state
shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of
nature” (taken from the Universal Declaration of Human Rights
and the Alma Conference Declaration of 1978)

Private Intl. Law (Conflicts in Law) Oposa vs. Factoran

Municipal in character, within a specific country Landmark Case. This gen has responsibility to the next gen. to
transactions between private persons preserve the environment for a balanced and healthful ecology
domestic Intergenerational dependency.

SOURCES OF INTERNATIONAL LAW p15 a. domestic sphere p13

domestic: Intl. Law vs Municipal Law (Local Law; Philippine Constitution)
constitution, legislative enactments, case law (stare decisis) Uphold the constitution

Material Sources: substance of law is derived Intl. Law vs Statutes

Formal Sources: basis of the validity and force of law Equal; follow the latest lex posterior derogat priori
national legislative enactments.
Primary Sources
Intl. Conventions and Treaties, UN (Geneva, Treaty of b. Intl. sphere
Paris), Customs, General Principles Intl. law > municipal law
Secondary Sources failure to perform a treaty, municipal law cannot be used as an
Decisions of courts (Judicial Decisions), writings of excuse for noncompliance.
publicists
Not binding.
DOCTRINE OF INCORPORATION OR TRANSFORMATION p12 Countries are not bound to abide by international law
The doctrine of incorporation is expressed in Sec. 2, Art. II, because of sovereignty as long as the rights of other nations are
Philippine Constitution, as follows: “The Philippines renounces not overstepped.
war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the ex. Philippines has a right to the lands claimed by China; China did
land, and adheres to the policy of peace, equality, justice, not abide.
freedom, cooperation and amity with all nations”.
BRANCHES OF GOVT
Phil. Constitution: Highest law of the land Legislative
Congress, House of Representatives, Senate
RN: 1987, after EDSA makes the laws
Generally accepted principles of the international law adapted by Executives
the constitution executes and enforces laws
Judiciary
Philippines cannot declare war, renounced aggressive war, not interprets the law
defensive war
II. SUBJECTS OF INTERNATIONAL LAW p27
What/Who are the subjects of International Law?
"A subject is an entity that has rights and responsibilities
under international law; it can be a proper party in transactions
involving the application of the law of nations among members of
the international community."
The subjects of international law are the following:
a. States
"A State is a group of people, living together in a fixed
territory, organized for political ends under an independent
government, and capable of entering into international relations
with other states."
f. Belligerent Communities p48
"Liberation movements, or insurgent communities, which
have attained a belligerent status under international law,
particularly international humanitarian law."
g. International Administrative Bodies
These include "certain administrative bodies, which are
non-political, autonomous, and not subject to control by any
state, created by agreement among states" such as the ILO
(International Labour Organization), FAO (Food and Agriculture
Organization), and WHO (World Health Organization).
not controlled by one nation

b. The Vatican City and the Holy See p38 h. Individuals

The Holy See has the elements "(people: less than 1000
individuals; territory: 108.7 acres; government with the Pope as
head; and independence by virtue of the Lateran Treaty of
February 11, 1929, which constituted the Vatican as a territory
under the sovereignty of the Holy See)" and all the rights of a
State.
Individuals have a limited degree of international
personality especially under international human rights and in
cases related to trade and investment disputes.
considered objects because they need to be represented by their
specific countries

c. Colonies and Dependencies JUS COGENS

"A colony is a dependent political community consisting
of a number of citizens of the same country who have migrated
therefrom to inhabit another country, but remain subject to the
mother State. A dependency is a territory distinct from the
country in which the supreme sovereign power resides, but
belongs rightfully to it, and subject to the laws and regulations
which the sovereign may prescribe."
Customary international law which has the status of a
peremptory (absolute, uncompromising, certain) norm of
international law. A peremptory norm is a norm accepted and
recognized by the international community of states as a rule,
from which no derogation is permitted and which can be modified
only by a subsequent norm having the same character. Examples
are slave trade, piracy, and terrorism.

d. Territories Under International Control or Supervision

"These are non-self-governing territories which have
been placed under international supervision or control to insure
their political, economic, social and educational advancement. An
example are mandates, which were former territorial possessions
of the states defeated in World War I and placed under the
control of the League of Nations. Many of these mandates
became trust territories placed under the Trusteeship Council of
the United Nations."

e. The United Nations

The United Nations Charter was the outcome of the
historical development of the United Nations in 1945. This is the
closest thing there is to a constitution that regulates international
relations. It is technically a treaty, a contract that the parties must
uphold under the theory of pacta sunt servanda ("agreements
must be kept"), but it also applies to non-member states, to the
extent required to maintain international peace and security.

maintain peace among nations

III. FUNDAMENTAL RIGHTS OF STATES p53 "Sovereignty is the totality of the powers, legal
competence and privileges of a state arising from customary
ELEMENTS OF A STATE p28 international law, and not dependent on the consent of another
The following are the elements of a State: state; Independence is the freedom to conduct foreign relations
without outside control. The right to independence is a natural
a. People Permanent Population aspiration of peoples, but it is not an absolute freedom. Valid
"A group of individuals, of both sexes, living together as a restraints may consist in the obligation to observe the rights of
community. They must be sufficient in number to maintain and others; treaty stipulations; and obligations arising from
perpetuate themselves. A casual gathering (stranded), or a society membership in international organizations."
of pirates would not constitute a state."
Intervention. Act by which a state interferes in the domestic or
b. Defined Territory foreign affairs of another state through the use of force or threat
"The fixed portion on the earth’s surface occupied by the of force
inhabitants. It may be as large as China, or as small as Monaco
(1/2 sq. mile) or San Marino (38 sq. miles)." allowed as an act of individual or collective self defense in
response to armed attach, pursuant to treaty stipulations, or with
c. Government prior UN authorization
"Must be organized, exercising control over and capable Protection of Nationals
of maintaining law and order within the territory. It can be held Humanitarian Intervention
internationally responsible for the acts of the inhabitants. The
identity of the state is not affected by changes in government." c. The Right of Equality
"Art. 2, UN Charter, states that the organization is based
d. Independence or Sovereignty on the principle of sovereign equality of all its members. But what
"Freedom from outside control in the conduct of its is really guaranteed is legal — or sovereign — equality: 'equal in
foreign (and internal) affairs." law, rights of sovereignty, personality, territorial integrity and
political independence respected by others'."
Inherent powers of the state:
Taxation d. State Immunity
Taxes are the lifeblood of a state Doctrine of State Immunity. As a consequence of
Eminent Domain independence, territorial supremacy and equality, a state enjoys
Police Power immunity from the exercise of jurisdiction by another state, unless
Enforcement Jurisdiction it has given consent, waived its immunity, or voluntarily submitted
to the jurisdiction of the court concerned. Public property cannot
Exceptions: be attached or taxed, nor its public vessels be boarded, arrested,
Persons etc. or sued. Principle: par in parem non habet imperium and non-
intervention
FUNDAMENTAL RIGHTS p53 di pwede kasohan ang president from another country

a. Existence and Self-Preservation

This is "by far the most basic and important right." A
State has the right to self-defense based on Art. 51, UN Charter,
given that it is clear that the State is in "grave and actual danger".
This is, however, limited by necessity.

Aggression or "the use of armed force by a state against

the sovereignty, territorial integrity or political independence of
another state, or in other any manner inconsistent with the UN
Charter" is not justifiable. A war of aggression is considered a
crime. Any territorial acquisition or special advantage gained from
aggression is unlawful. "But all these are without prejudice to the
right of self-determination."

IV. TERRITORY OF STATES. p 66

b. Right to Sovereignty and Independence
National Territory of the Philippines (Art. I, Sec. 1, Philippines
Constitution) defines the national territory of the Philippines, as
follows: “The national territory comprises the Philippine
archipelago, with all the islands and waters embraced therein, and
all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of the terrestrial, fluvial and aerial
domains, including its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas. The waters around,
between and connecting the islands of the archipelago, regardless
of their breadth or dimensions, form part of the internal waters of
the Philippines. ”
caused by such objects, or for the damage which may be caused
by falling objects, e.g., Skylab.
(i) Lowest altitude for artificial earth satellites to orbit without
being destroyed by friction (90 kms above earth);
(ii) theoretical limits of air flights (84 kms); and
(iii) the functional approach, i.e., that the rules shall not depend
on the boundaries set, but on the nature of the activity
undertaken

Land Territory Terrestrial domain p67

discovery and occupation; prescription– possession over a long
period of time; cession by treaty– sale; conquest; accretion
gradual shift avulsion dramatic shift

Maritime Territory Fluvial and Maritime Domain p71

Internal Waters
rivers; bays and gulfs; straits; canals

Air Territory Aerial Domain p72

This refers to the air space above the land and waters of the State.

In the International Convention on Civil Aviation (Chicago

Convention), December 7, 1944, “the contracting parties
recognize that every State has complete and exclusive sovereignty
over the air space above its territory (land, internal waters,
territorial sea)”; but this shall not include outer space, which is
considered as res communes. Other States have no right of
innocent passage over the air territory of another State.

owned by all

Five Freedoms (of Air Transportation for Scheduled International

Services): To fly across the territory without landing; land for non-
traffic purposes; land to put down passenger, mail, cargo of flag
territory; land to take passenger, mail and cargo of flag territory;
and to put down passenger, mail and cargo from these territories.

Outer Space

The rules governing the high seas apply also to outer

space, which is considered as res communes. Under customary
international law, States have the right to launch satellites in orbit
over the territorial air space of other States. Pursuant to the
Outer Space Treaty of 1967, outer space is free for exploration
and use by all States; it cannot be annexed by any State; and it
may be used exclusively for peaceful purposes. Thus, nuclear
weapons of mass destruction may not be placed in orbit around
the earth. In the 1972 Convention on International Liability for
Damage Caused by Space Objects, States which launch objects
into space may be held liable for the harmful contamination
V. JURISDICTION p 75
Power or authority exercised by a state over land, persons, DIPLOMATIC IMMUNITY
property, transactions, and events. State has sovereignty or legal Part of customary international law which grants immunity to
control over land, persons, ships at sea, airships in flight, property, diplomatic representatives, in order to uphold their dignity as
transactions or events . SOVEREIGNTY representatives of their respective States and to allow them free
Prescriptive –unli. power of state; define own laws and unhampered exercise of their functions. There are varying
Enforcement –ability to enforce laws rules for different diplomats. The procedure for claiming this
immunity starts with a request by the foreign State for an
Bases of J. executive endorsement by the Department of Foreign Affairs, and
TERRITORIAL PRINCIPLE p 75 the determination made by the Executive Department is a political
Criminal offenses will be processed in the Philippines question which is conclusive on Philippine courts.
if committed in the Philippines
i. continuing offenses
kidnapping
ii. acts prejudicial to the national security or vital interests of the
state
maybe anti Filipino based in another country

iii. universal crimes

iv. offenses covered by special agreement

NATIONALITY PRINCIPLE
civil
ex. if Filipino divorcing abroad - invalid
Ph & Vatican
taxation - income earned abroad taxed in the Philippines

jus sanguinis
if parents of child are citizens
jus soli
if born on other territory

PROTECTIVE PRINCIPLE
acts committed abroad

PRINCIPLE OF UNIVERSALITY p 80
Universal crimes: piracy, genocide, white slave trade, hijacking,
terrorism, war crimes

PRINCIPLE OF PASSIVE PERSONALITY

jurisdiction over crimes against its own nationals

ACT OF STATE DOCTRINE

A State should not inquire into the legal validity of the public acts
of another State done within the territory of the latter. his
doctrine is more of a choice of law rule, and may be raised by
private parties.
VI. RIGHT OF LEGATION p 87

1. Define the Right of Legation

The right of legation is also known as the right of
diplomatic intercourse. It refers to the right of the state to send
and receive diplomatic missions, enabling the state to carry on
friendly intercourse. It is not a natural or inherent right, but
exists only by common consent.

2. Who is a Head of State? Who is a Pesona Non Grata?

The head of the state is the embodiment of and
represents the sovereignty of the State, and enjoys the right to
special protection for his physical safety and the preservation of
his honor and reputation. He is immune from criminal and civil
jurisdiction, except when he himself is the plaintiff, and is not
subject to tax or exchange or currency restrictions.

Persona non grata means "person not welcome".  It is a

status sometimes applied by a receiving State to foreign diplomats
to remove their protection by diplomatic immunity from arrest
and other normal kinds of prosecution.

3. Can a Diplomatic Agent be sued criminally?

A diplomatic agent can be sued criminally if the
receiving Sate declares the agent as persona non grata and if
the agent has not been sent back to the State they are from
within a reasonable time.

4. What is a Consul? What are the different kinds of Consuls?

Consuls are State agents residing abroad for various purposes
but mainly in the interest of commerce and navigation.

The two kinds of consuls are the following:

Consules missi. They are professional and career consuls, and

nationals of the appointing state.

Consules electi. They are selected by the appointing state

either from its own citizens or from nationals abroad.
VII. TREATIES p 99
A treaty, according to the Vienna Convention on the Law
of Treaties (1969), is "an international agreement concluded
between States in written form and governed by international
law, whether embodied in a single instrument or in two or more
instruments and whatever its particular designation." It is an
agreement between States, including international organizations
of State, intended to create legal rights and obligations of the
parties thereto. It is the ubiquitous instrument through which all
kinds of transactions are concluded and the closest analogy to
legislation that international law can offer. Other names similar to
treaty include "convention", "pact", "protocol"," agreement",
"arrangement", "accord", "final act", "general act", and "exchange
of notes".
d. entry into force
A treaty enters into force in such manner and on such
date as it may provide, or as the negotiating parties may agree. In
the absence of such a provision, the treaty enters into force as
soon as the consent of all the parties to be bound by the treaty is
established.
PACTA SUNT SERVANDA
Requires that treaties must be observed in good faith. If
necessary, the State concerned must even modify its national
legislation and constitution to make them conform to the treaty,
in order to avoid international embarrassment. In the Philippines,
however, treaties may be declared invalid if contrary to the
Constitution.

STEPS IN MAKING A TREATY p 110

a. negotiation
The representatives of the parties are usually armed with
credentials known as pleine pouvoirs, or full powers, which is a
document emanating from competent authority of a State
designating a person or persons to represent the State for
negotiating, adopting or authenticating the text of a treaty,
expressing the State’s consent to be bound by a treaty, or
accomplishing any other act with respect to a treaty. However,
even without such full powers, it has been the general practice to
consider the following as representatives of the State for treaty
negotiation: the Head of State, Head of Government, the Foreign
Minister; the head of diplomatic missions (in treaties between his
State and the receiving State); and the representative accredited
by the State to an international conference or to an international
organization (to adopt the text of a treaty in that conference or
organization).

b. signing of the treaty

The principle of alternat is observed, according to which
the order of the naming of the parties and of the signatures of the
plenipotentiaries is varied so that each party is named and its
plenipotentiary signs first in the copy of the instrument to be kept
by it.

c. ratification
The act by which the provisions of a treaty are formally
confirmed and approved by a State, and by which the State
expresses its willingness to be bound by the treaty.

In the Philippines, the power to ratify a treaty is vested in the

President, subject to concurrence by 2/3 of all the members of the
Senate [Sec. 21, Art. VII, Philippine Constitution]

Accession. Also known as “adhesion”, this is the process by which

a non-signatory State becomes a party to a treaty.
Reservation. A unilateral statement, made by a State when
signing, ratifying, accepting, approving or acceding to a treaty,
whereby it purports to exclude or modify the legal effect of
certain provisions of the treaty in their application to that State.