Contemporary World Reviewer also lead to a loss of uniqueness, identity, exclusion, and conflict, The Effect of Global Trading
identity, exclusion, and conflict, The Effect of Global Trading on the Philippine Local Economy: Global
Unit 1: Understanding Globalization
Lesson 2: Local and Global Communication in Multinational
Settings page 11
Globalization has significantly impacted the 20th century, causing significant
changes in daily realities and communities. Understanding its processes and
impacts is crucial for assessing if they align with sustainable, just, and
quotable development for people.
Globalization: Globalization is mainly conceptual as intensified transference
or exchange of things across existing boundaries ( Bartelson, 2000. )
Globalization and its accompanying processes point to a paradigm about
development ( Pongsapich, 2003).
ECONOMIC GLOBALIZATION: The global market economy expansion, driven
by corporate interests, allows entrepreneurs to control productivity for
profit, fostering increased transnational exchange of products, services,
technologies, and capital.
Flows in the Age of Globalization
 Trading: International trade, facilitated by fiscal payments,
involves economic exchanges between countries, with private
and central banks playing crucial roles. Global trade, involving
importation and exportation, experienced a significant increase
from 1972 to 1999, with the largest increase in manufactured
goods exports. Primary commodities, such as food and raw
materials, declined.
 Capital Movement: Capital movement, facilitated by foreign
investment, saw a surge in official flows, primarily aimed at
boosting development aid and attracting foreign businesses to
developing nations.
 Movement of People: People can migrate to other countries in
search of better employment opportunities. In the Philippines,
the number of Overseas Filipino Workers during the period April
to September 2018 was estimated at 2.3 million (Philippine
Statistics Authority, April 2019)
 Cultural Globalization: Cultural globalization refers to the
increasing "Contract between people and their cultures - their
ideas, their values, their ways of life" (Kumaravadivelu, 2008, p.
33)
 Globalization, driven by the rapid growth of capital, labor, and
information, is causing a homogenization of local culture. While it
fosters societal integration and offers new opportunities, it may
potentially causing a loss of identity and exclusion.
 Political Globalization: Political globalization refers to the
expansion of the international political system, allowing for
interregional dealings, trade, and decision-making beyond national
boundaries. It involves economic, cultural, and political aspects,
including economic integration, world restructuring, globalized
ideas, and people's movement. The challenges for a sustainable
world will be discussed in subsequent lessons.
 Assumptions behind the Pursuit of Globalization: As a
paradigm of development, globalization operates on certain
assumptions about a desirable economy and development.
However, these assumptions must be tested in the real world.
 Institution and Actors Shaping Economic Globalization:
Globalization is a rapidly evolving phenomenon driven by human
activities and assumptions about development. Transnational
corporations play a crucial role in this process. The World Bank,
IMF, and WTO aim to facilitate the movement of products,
capital, and trading between countries through international
policies, reforms, and agreements. Their objectives include
enforcing common trading and financial flow standards across all
countries and promoting the deregulation of firms. These
institutions play a vital role in promoting global economic
transactions and knowledge exchange.
The Impacts of Globalization
These are the group that disapproves of Economic Deregulation:
 Labour Organization
 Environmental Group
 Indigenous People
 Consumers Group
These are the Impacts/Outcomes of Lessening Government control over
Business:
 Neglect of Environment
 Low wages and Unstable employment
 Under servicing of Consumers
 Privatizing Common Resources
Contrasting Evidence of Positive Effects
“Increased income more employment less poverty”
Globalization has losers and Gainers: Increased international trading offers
wider consumer goods choices, but it also results in varying outcomes. The
rapid capital flow across countries can disrupt economies and social
relations, potentially affecting community development.
trading has led to the flooding of cheap imported vegetables into local
markets, making it cheaper for consumers and businesses to buy these
products than locally produced goods. This has resulted in a gap between
developed and developing countries and between the wealthy and the
disenfranchised. Globalization has primarily benefited top officials of large
corporations and their supporting bureaucracies, rather than reducing
poverty.
Alternatives to Economic Globalization: An important impact attributed to
globalization is the nearly six-fold increase in the income measured in per
capita GDP for the richest 25 percent of the world population in the 20th
century. However, the poor populations did not experience this exponential
economic growth. Income inequality worsened
Unit 2: Structure of Globalization
Lesson 3: Structure of Globalization Page 23-26
Definition of Terms:
 Economic Globalization: is the expansion of national economies,
the global market-driven by modern technologies and
institutional setups that promote a faster and easier flow of
goods and capital (Sugden and wilson, 2005).
 Global Economy: denotes that the economies of various
countries are more interconnected from the extraction,
production, distribution, and consumption, to disposal of goods
and services.
 Internation financial institution: are global financial institutions
that support a country’s economic growth through support
( loans, technical assistance) to governments and now other
private sectors (Wood, 2019).
 International Monetary Funds: is an international organization
with 183 member countries that promotes international
monetary cooperation and exchange stability to foster economic
growth and highly employment and to provide short-term
finanacial assistance to countries to help ease balance of
payments adjustments (IMF,2019).
 Global civil society: is a system of nongovernment institutions
that operate across geographical borders and organize and
mobilize for a common issue or cause (keane, 2003:8).
 Global corporation: is an “enterprise that engages in activities
with add value (manufacturing, extraction, services, marketing,
etc) in more that one country” (UCTC,1991).
  World system: is based on the theory of Wallerstein (1974) that
recognizes that social and economic change is not only
endogenous to a country, but is affected by its interaction to
exogenous institutions, thus the focus on world- systems (chase-
Dunn, 2018).
 Economic integration: is a process of combining or increasing the
interconnectivity of national economies to the regional or global
economies.
ECONOMIC GLOBALIZATION: Economic globalization is the expansion of
national economies, the
global market driven faster by modern technologies and institutional set ups
that promote faster and easier flow of goods and capital ( Sugden and
Wilson,2005) The Global economy is a product of this economic
globalization where each countries’ economies are more interconnected
and affected by each other.
ACTORS THAT FACILITATE ECONOMIC GLOBALIZATION: Economic
globalization is driven by various actors and organizations, including
international organizations like IMF, WB, ADB, central banks, private
sectors, MNCs, and civil society. These organizations influence trade and
economic policies, providing support and resources for economic
globalization.
ACTORS THAT FACILITATE ECONOMIC GLOBALIZATION
 International Monetary Fund (IMF): The IMF is an international
organizatuon of 183 member countries to promote international
monetary cooperation and exchange stability;to foster economic
growth ang high employment; and to prpvide sjort-term financial
assistance of countries to help ease balance of payments
adjustments( IMF, 2019).
 International Financial Institution (IFIs): The generic name given
toa ll financial institutions operating on an international level,
ranging from developed banks, such as the World Bank and the
European Bank for Reconstruction and Development (EDB), and
monetary authorities, such as Internationalmonetary Fund.
 Transnational Corporations: "Enterprise that engages in activities
which add value (manufacturing, extraction, services, marketing,
etc.) in more than one country (UCTC,1991
 G8 and G20: Group of nations that serve as an advisory
organization that discuss current economic and political problems
and transfers the ideas from the forum in national legislative
regulation (Weiss,2018).
 Global Civil Society: Either composed of individuals or groups of
individuals disadvantaged by the effects of globalization of the
world economy, they protest and seek alternatives while on the Regional Commissions: A group of officials from various countries, including
other hand, global social movement constituting a basis for an the Economic Commission for Africa (ECA), Economic Commission for
alternative new world order (Gherghel, n.d.;Keane,2003). Europe (ECE), and Economic and Social Commission for Asia and the Pacific
(ESCAP), is responsible for enforcing laws and promoting economic and
social development.
MODERN WORLD SYSTEM: The core area of economic activities is home to The World Bank (WB): The International Bank for Reconstruction and
most of the population and economic institutions, while the majority of raw Development (IRDB), International Development Association (IDA),
materials and productions are sourced in the periphery, with semi-periphery International Finance Corporation (IFC), and Multilateral Investment
areas serving as distribution or processing centers. Guarantee Agency (MIGA) are members of the Bretton Woods Conference
established in 1944.
Lesson 4: The Global Interstate System page 33
Definition of terms
 Global Interstate System: is an institutional arrangement of
governance that addresses regional or globalized issues that go
beyond the scope of a nation-state (Chase-Dunn, 1981)
 Internationalism: puts emphasis on diversity and celebrates
multiculturalism, while globalism focuses more on the economic
aspect of the exchanges among countries and society
Effects of Globalization on Governments: The increasing
interconnectedness of the world through politics, trade, and
communications has shifted the roles of nation-states and governments,
making them based on local contexts and international realities, but also
negatively impacting local government and communities.
Local government: The conversion of agricultural land into an industrial
zone is attracting major investors, potentially creating jobs and income for
local businesses. However, this could lead to farmers being displaced and
affecting agricultural production. Global corporations are demanding lower
taxes and wages for investment.
Institution that Govern Globalization
NATION-STATE GOVERNMENT: rule governments of a country, limited in
addressing regional and global issues
NON-STATE ACTORS: ESCAP, a coalition of influential organizations and
wealthy individuals, includes NGOS, advocacy networks, voluntary Globalism vs Internationalism: Internationalism and globalism are often
used interchangeably, referring to the increasing interconnectedness of
associations, and interest groups, advocating for more just sustainable
nations through communication, transport, and technology.
development.
Internationalism emphasizes political, economic, and cultural cooperation,
GLOCALIZATION OR INTERNAL GLOBALIZATION: Globalization refers to the while globalism advocates for free flow of people, goods, and information
shift of authority to actors above and below the state, encompassing both across national borders
global and localization of products or services, which are developed and
distributed globally while also catering to local market users.
Institutions that govern international relations and affairs
United Nations: it has 193 member states, it is seen as the facilitator of
global governance
Lesson 5: Market Integration Page 41
Definition of terms:
 Market Integration: is a process by which economies are
becoming more interdependent and interconnected in terms of
commodity flows including externalities and spillover of impacts
(Genschel and Jacktenfuchs, 2017).
 International Financial Institutions or IFIs: are institutions that
provide support through loans or grants and technical advices to
promote a country’s economic and social development
(Bhargava, 2006: 393)
 Corporations: private institutions that produce or manufacture
goods, products, and services for a more expanded market
usually at the reach of regions or the world.
The International Financial Institutions and their Role in the Global
Economy:
International Financial Institutions or IFIs are institutions that provide
support through loans or grants and technical advice to promote a country’s
economic and social development (Bhargava, 2006: 393). Global and
regional IFISs include the International Monetary Fund (IMF) and
multilateral development banks (MDBs) like the World Bank Group, the
African Development Bank (ADB), the inter-American Development Bank,
and the European Bank for Reconstruction and Development (Bhargava,
2006).
A Summarized History of the Global Economy:
The modern capitalist world economy flourished between the 16th to
18th centuries (Frieden, 2012). The start of the modern global trade leading
to 1914 was considered the first period of globalization (Bhargava, 2006). It
is when trade, capital and immigration flows grew tremendously and in
large volume, but the global institutional architecture to manage these were
quite limited (ibid). International convention and treaties also served as
drivers for these large-scale global movements such as the International
Telegraph Union in 1865, Universal Postal Union in 1874, International
Association of Railway Congresses (1884), and International Sanitary
Convention in 1892 (Frieden, 2012). Wallerstein (2006:2) argues that
this was driven by the paradigm of capital accumulation that resulted to
technological advances and expansion of places, knowledge, and
discoveries.
The Global Corporations: Global corporations, including IFIs and
governments, are major players in globalization and the modern capitalist
market. The number of global corporations listed in the Fortune Global 500
rose from 47 firms in 2005 to 95 in 2010. These entities play a significant
role in global wealth creation and distribution, including economic
development. However, their growth is complicated by dynamic trends such
as global inequality, financial system stability, climate issues, and human The UN today is divided into five branches:
security concerns. IFIs have a stronger societal development outlook but
have a larger responsibility to safeguard against unintended negative 1. The UN General Assembly: the main decision-making and
outcomes and balance economic growth with social well-being and representative assembly and is responsible for upholding the
environmental health. Global corporations must also prioritize social principles of the UN through its policies and recommendations.
development and environmental integrity in their operations and
expansion. 2. The UN Security Council: can authorize the deployment of UN
member states' militaries, can mandate a cease-fire during
Lesson 6: Contemporary Global Governance page 51 conflicts, enforces penalties on countries if they do not comply
with given mandates.
1. Global Governance: Global governance is the international
system's ability to provide government-like services and public
goods without a world government. It involves informal and 3. The International Court of Justice: can settle, according to
formal elements like ideas, values, rules, and procedures. It helps international law, legal disputes between States and give
actors identify and address transboundary problems. However, opinions, mostly advisory, on legal questions brought to it by UN
traditional political structures have a significant gap between organs and agencies.
global issues and decision-making, highlighting the need for future
governance.
4. The Economic and Social Council: assists the UN General
Assembly in promoting economic and social development, as well
The uncertainty of the sovereign territorial state or nation state: Since the
as cooperation of member states.
end of the Cold War, the world has transitioned towards a less centralized
governance, with emerging powers like China, Russia, and Brazil forming
regional alliances. This "post-American world" sees the United States
5. The Secretariat: headed by the Secretary-General, provides
retreating, while other countries gain economic and political influence.
studies, information, and other dates when needed by other UN
branches for their meetings.
However, the concept of the nation-state is entering a phase of uncertainty.
The notion- state has the following elements:
THE G20+ AND A NEW FRAMEWORK FOR GLOBAL COOPERATION: The
a) Continuous and broken territory (preferred) proposed framework for global economic cooperation includes a
b) Sovereign Territory coordinated body called the G20+, connected to the UN, aiming to maintain
c) The state has the monopoly both of law and of the powers of economic stability and promote inclusive growth. The G20+ facilitates multi-
coercion. stakeholder dialogue, promotes inclusive economic reform, and enables
d) The national state rules its citizens or subjects directly and not global economic crisis response. Its primary roles include facilitating multi-
through intermediate authorities. disciplinary dialogue, promoting inclusive economic reform, and enabling
e) Direct government and administration of inhabitants by the central crisis response.
authorities of the "nation-state"
f) The state is considered to represent the people and the people 1. Facilitate multi-stakeholder, cross-disciplinary dialogue and policy
serves as a source of sovereignty or at least give the state solutions
legitimacy. 2. Promote inclusive economic reform
g) The citizenry was or ought to form a homogenous population
3. Enable global economic crisis response
(Hobsbawm, 1996)
THE RISE OF NON-STATE ACTORS: The rise of non-state actors, including
international organizations, has significantly impacted global governance.
These organizations aim to improve global quality of life and create
partnerships involving transnational businesses. This shift from a state-
centric model to a more diverse range of stakeholders has led to more
efficient global partnerships.
THE UNITED NATIONS: The United Nations (UN) is a crucial non-state actor,
an international government organization (IGO) responsible for enforcing
international law, security, human rights, economic development, and social
progress.
Unit 3: Legal Basis of International Relations
Lesson 7: General Principles of International Law Page 59
Definition of terms:
 International law: laws that regulate relations of states
and international persons
 National law: laws that regulate individuals among themselves
or within the state.
 Treaty: an international agreement conducted between states,
in written form and governed by international law, whether
embodied in a single instrument or in two or more related
instruments, whatever its particular designation (Art. 2 (1) (a),
Vienna Convention on Law of Treaties).
International Law and National Law: International law regulates the
relations of states and international persons. On the other hand, national
law regulates relations of individuals among themselves or within the state.
There are two doctrines of adoption:
 The doctrine of incorporation: is mainly based under Section 2,
Art. II of the 1987 Constitution which states that : The Philippines
adopts the generally accepted principles of international Law as
part of the law of the land.
 The doctrine of transformation: Requires the enactment by the
legislative body such international law principles as are sought to
be part of municipal law (Coquia & Defensor-Santiago, 2005).
International Conventions and International Customs: International
agreements, also known as customary law, are written agreements between
states governed by international law. They can be single instruments or
related instruments, as per the Vienna Convention on Law of Treaties.
Customary law is derived from consistent state conduct, as per the belief
that the law requires it.
This two elements must exist:
1. State practice
2. opinio juris sive necessitates (“opinion of law or necessisty”).
Jus Cogens (Compelling Law): Occupy another category of international
customs as these refer to norms that command peremptory authority,
superseding conflicting treaties and customs which can neither be
derogated nor modified, except by a norm or similar character (Vinuya v.
Executive Secretary, G.R.No 162230, April 28, 2010).
Obligations erga omnes (towards all): A state's obligation under general
international law is an obligation owed to the international community
based on common values and compliance concerns. A breach of this
obligation allows all states to take action. In a multilateral treaty, a state
owes obligations to all other state parties to the same treaty, based on
common values and compliance concerns
Treaty /Treaties: Is an international agreement conducted between states,
in written form and governed by international law, whether embodied in
a single instrument or in two or more related instruments, whatever it’s
particular designation (Art. 2 (1) (a), Vienna Convention on Law of Treaties)
Basic Principles Concerning Treaties:
Pacta tertiis nec nocent nec prosunt: “A treaty binds the parties and only
the parties”.
Pacta sunt servanda: “Agreements must be kept” – Every treaty in force is
binding upon the parties to it and must be performed by them in good faith
(Art. 26, Vienna Convention on Law of Treaties).
Rebuc sic stantibus: “Things standing thus”- The Vienna Convention on Law
of Treaties allows for termination or withdrawal from a treaty if a
fundamental change in circumstances, not foreseen by the parties,
constitutes an essential basis for their consent to be bound by the
obligations still to be performed under the treaty. This provision is referred
to as "Things standing thus."
Executive Agreement and Concordat: An executive agreement is an
agreement concluded by the president based on authority granted by
Congress or based on the inherent authority granted to him/her by the
Constitution.
A concordat is a treaty or agreement between the Pope and a state or
government that deals with religious matters as well as the recognition and
privileges of the Holy See in other states (Sarmiento, 2014).
Lesson 8: States, Nationality, and Statelessness Page 67
Definition of terms:
 STATES: entities that have rights and responsibilities under
international law and which have the capacity to maintain their
rights by bringing international claims.
 NATIONALITY: a legal bond having as its basis a social fact of
attachment, a genuine connection of existence, interests, and
sentiments, together with the existence of reciprocal rights and
duties (Nottebohm Case Liechtenstein V. Guatemala, 1955 ICJ 4)
 REFUGEE: a person who, owing to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership
of a particular social group or political opinion, is outside the
country of his/her nationality, and is unable or, owing to such
fear, is unwilling to avail himself/herself of the protection of that
country.
STATES: The elements of a state are as follows: permanent population,
defined territory, government, and capacity to enter into relations with
other states (Article 1, Montevideo convention)
States are created through the following:
1. Discovery and Occupation: occurs when a territory belonging to
any state is placed under the sovereignty of the claiming state.
2. Prescription: is when a territory is acquired through continuous
and uninterrupted possession over a long period of time.
3. Cession: involves the peaceful transfer of territory from one
sovereign to another, with the intention that sovereignty should
pass. (Shaw, 2008)
4. Accretion: is the increase in the land area of the state, either
through natural means, or artificially through human labor.
5. Conquest: the act of defeating an opponent and occupying all or
parts of territory does not of itself constitute a basis of title to the
land.
 State recognition: A state acknowledges another state's existence
and its willingness to deal with it under international law.
Integration of a new state in the international community occurs
through co-optation, where existing states recognize each other
individually and collectively.
 The principle of state continuity ensures that a state remains the
same corporate person once its identity as an international
person is established, regardless of changes in its organization
and government.
 LANDMARK DOCTRINES IN STATE RECOGNITION
  Wilson/Tobar Doctrine: This doctrine precludes the recognition
of governments established by revolution, civil war, coup d’etat,
or other forms of internal violence until the freely elected
representatives of the people have organized a constitutional
government (Sarmiento, 2009).
 Betancourt Doctrine: This doctrine pertains to denial of
diplomatic recognition to any regime, right or left, which came to
power by military forces (Sarmiento, 2009)
 Lauterpacht Doctrine: This doctrine precludes the recognition of
an entity which is not legally a State as it constitutes an abuse of
the power of recognition. It acknowledges a community whichis
not, in law, independent and which does not therefore fulfill the
essential conditions of statehood as an independent state
(Sarmiento, 2009).
 Stimson Doctrine: This doctrine precludes the recognition of any
government established as a result of external aggression
(Nachura, 2016).
 RIGHTS OF STATES: The rights of states are as follows:
Jurisdiction, equality, individual or collective self-defense,
interdependence, and legation.
 The right to territorial integrity and Jurisdiction: encompasses
the right of the state to its terrestrial, maritime and fluvial, aerial
and space covered by its territory.
 The right to Equality: is underpinned in the doctrine of equality of
states which provides that all states are equal in international law
despite of their obvious factual inequalities as to size, population,
wealth, strength, and degree of civilization.
 The right to existence and self- defense: provides that a state
may take measure including the use of force as may be necessary
to counteract any danger to its existence (Article 51, UN Charter).
For a proper exercise of self-defense, the following must exist:
1. an armed attack occurred against a member of the UN;
2. it must be confined to cases in which the necessity of self-defense
is instant, overwhelming and leaving no choice of means and no
moment for deliberation;
3. measures taken must be limited by that necessity and kept clearly
within it;
4. must give way to measures that may be taken by the UN Security
Council to maintain international peace and security (Article 51,
UN Charter)
 The right to Interdependence: means freedom from control by
other states or group of states and not freedom from the
restrictions that are binding on all states forming the family of
nations and carriers with it by necessary implication the
correlative study of non-intervention (Nachura, 2016)
 The right to Legation: pertains to the right of the state to send
and receive diplomatic missions, which enable states to carry on
friendly intercourse.
 NATIONALITY: Nationality is a legal bond based on social
attachment, genuine connection, and reciprocal rights. Under the
UN Declaration of Human Rights, everyone has the right to
nationality, and no one can be arbitrarily deprived of it or denied
the right to change it. Nationality can be acquired through birth,
naturalization, repatriation, subjugation, or cession, and lost
through release, deprivation, renunciation, or substitution.
 STATELESSNESS: Statelessness refers to the absence of
nationality due to birth or deprivation. It affects a person's rights
and privileges, such as employment, work, property, and
education. Any wrong or injury suffered by a stateless person is
considered damnum absque injuria, as no state has been offended
and no international delict has been committed. International
conventions treat stateless individuals like subjects of a foreign
state. The Philippines has neither signed nor ratified the 1961
Convention on the Recognition of Statelessness, which allows a
contracting state to grant nationality to a person born in its
territory if one of their parents' nationality was that of that state at
birth.
 REFUGEES: A refugee is someone who is outside their country
of nationality due to fear of persecution due to race, religion,
nationality, social group, or political opinion. The Convention on
the Status of Refugees mandates states to treat refugees without
discretion and provide them with the rights they deserve, without
any discretion.
 Principle of Non- refoulment: is a principle wherein in
addition to not returning the refugee to his/her own state,
he/she must not be sent to a third state if his/her life or
freedom would there be threatened on account of his/her
race, religion, nationality, membership of a particular social
group or social opinion (Par. 1, Article 33, Convention
Relating to the Status of Refugees). Exceptions to this
principle is when there are reasonable grounds for
regarding of a particularly serious crime, constitutes a
danger to the community of the state (Par. 2, Article 33,
Convention Relating to the Status of Refugees).
 Salient rights of Refugees are as follows: non-
discrimination, wage-earning employment, free access to
courts, duty of non-refoulment of states, self-employment,
housing, and freedom of religion, among others.
Lesson 9: Law of the sea Page 77
 LAW OF THE SEA: The International Tribunal for the Law
of the Sea (ITLOS) is an independent judicial body established by
the United Nations Convention on the Law of the Sea
(UNCLOS). It was created to deal with legal disputes and matters
related to the interpretation and application of UNCLOS, which is
a comprehensive international treaty governing the use of the
world's oceans and marine resources.
 BASELINE: are lines or points along a coastal state's shoreline
that are used as a reference to measure the extent of its maritime
zones, including the territorial sea, contiguous zone, and Exclusive
Economic Zone (EEZ). They are established under the United
Nations Convention on the Law of the Sea (UNCLOS) and play a
crucial role in determining a nation's maritime boundaries and
rights. These baselines can be straight, archipelagic, or otherwise
defined in accordance with UNCLOS rules
THE TYPES OF BASELINES ARE AS FOLLOWS:
 A normal baseline - is a reference line along the lowwater mark
of the coast, typically used to measure a coastal state's territorial
sea and other maritime zones.

 Straight Baseline- a straight baseline is used by coastal states to
connect specific points on the coast, creating a baseline that
departs from the normal baseline. It can be employed to simplify
the measurement of the territorial sea
 Closing Lines across River Mouths and Bays - these are lines
drawn across the mouths of rivers and bays to enclose these
areas for the purpose of measuring maritime zones. They can be
used as baselines to determine the extent of territorial seas and
other maritime zones.
 Archipelagic Baselines - are used by archipelagic states to
connect the outermost points of the outer islands, creating a
unified baseline for measuring maritime zones. These baselines
are recognized under international law and help determine the
extent of a coastal state's maritime jurisdiction
 STRAIGHT ARCHIPELAGIC BASELINES: are used by archipelagic
states to establish a unified baseline, recognized under UNCLOS,
for measuring territorial sea, contiguous zone, and Exclusive
Economic Zone, determining maritime jurisdiction and rights
while respecting archipelagic nation's territorial integrity.
 ARCHIPELAGIC SEA LANES PASSAGE: is a UNCLOS concept,
permits vessels to navigate through designated sea lanes within
 archipelagic waters, balancing the sovereignty of archipelagic
states with the right of innocent passage for foreign vessels.
 TERRITORIAL SEA: the territorial sea is a belt of coastal water
extending 12 nautical miles from a nation's shoreline. Within this
zone, the coastal state exercises full sovereignty, including control
over customs, immigration, and the regulation of vessels.
However, foreign ships enjoy the right of innocent passage
through this zone, and it is subject to international law, primarily
governed by the United Nations Convention on the Law of the
Sea (UNCLOS).
 EXCLUSIVE ECONOMIC ZONE (EEZ): is a maritime zone extending
200 nautical miles from a coastal state's baseline. Within this
zone, the coastal state has special rights and responsibilities,
including exclusive rights to explore and exploit natural resources,
such as fish and minerals. However, other states enjoy freedoms
of navigation and overflight within the EEZ, and these zones are
subject to international law, primarily governed by the United
Nations Convention on the Law of the Sea (UNCLOS).
 CONTINENTAL SHELF: is the underwater extension of a continent,
extending from the shoreline to the continental slope, where the
ocean deepens. It often holds valuable resources and is subject to
various maritime rights and regulations.
 HIGH SEAS: high seas, also known as international waters, are
open to all nations and subject to international law. They are
crucial for navigation, fishing, and scientific research, governed by
treaties and agreements.
 FREEDOM OF HIGH SEAS: The freedoms of the high seas refer to
the fundamental rights and privileges that all nations have to
navigate, fish, and conduct scientific research in international
waters without interference from coastal states.
Lesson 10: International Human Rights Law Page 88
 The Universal Declaration of Human Rights: The Universal
Declaration of Human Rights (UDHR) was adopted by the United
Nations General Assembly in 1984, aiming to define and uphold
universal rights for all individuals, regardless of nationality. The
UDHR asserts that all humans are born free and equal in dignity
and rights, possessing reason and conscience. They should act in a
spirit of brotherhood and are entitled to all rights and freedoms,
regardless of any distinctions such as race, color, sex, language,
religion, political opinion, national or social origin, property, birth,
or other status.
 INTERNATIONAL CONVENTION ON CIVIL AND
POLITICAL RIGHTS (ICCPR): The International Covenant
on Civil and Political Rights (ICCPR) is a multilateral treaty
adopted by the United Nations General Assembly in 1966. It
entered into force in 1976 and has 74 signatories and 167 parties
as of March 28, 2014. It states that all people have the right of
self-determination, which allows them to freely determine their
political status and pursue their economic, social, and cultural
development. Additionally, they can dispose of their natural
wealth and resources without prejudice to international economic
cooperation obligations, based on mutual benefit and international
law.
 INTERNATIONAL CONVENTION ON ECONOMIC,
SOCIAL AND CULTURAL RIGHTS (ICESCR): The ICESCR
is a multilateral treaty adopted by the United Nations General
Assembly on December 16,1966. It entered into force on January
3,1976. As of 2015, it has 71 signatories and 164 parties (United
Treaty Collection)
 abuse, neglect, negligent treatment, maltreatment, or
 CONVENTION ON ELIMINATION OF DISCRIMINATION
AGAINST WOMEN (CEDAW): The Convention on the
Elimination of Discrimination against Women (CEDAW) defines
discrimination as any sex-based distinction, exclusion, or
restriction that hinders women's recognition, enjoyment, or
exercise in various fields, regardless of their marital status. It also
includes acts of gender-based violence that cause physical, sexual,
or psychological harm to women, including threats, coercion, or
arbitrary deprivation of liberty, whether in public or private life.
The CEDAW emphasizes the importance of equality and
fundamental freedoms for all.
 MIGRANT WORKERS CONVENTION: A migrant worker is
defined as one who is to be engaged, is engaged, or has been
engaged, in a remunerated activity in a state of which he or she is
not a national (Article 2, Migrant workers convention).
Part III of the Migrant Workers convention details the rights of all migrants
and their family members:
1. Freedom to leave any state, including their state of origin and the
right at any time to enter and remain in their state of origin.
2. Not to be subjected to any torture or to cruel, in human, or
degrading treatment or punishment.
3. Not to be held in slavery or forced or compulsory labor.
4. Right to freedom of thought, conscience, and religion.
5. Rights to hold opinions without interference and to freedom of
expression.
6. Not to be subjected to arbitrary or unlawful interference.
7. Right against arbitrary deprivation of property.
8. Right to liberty and security of person.
9. Right to equality with nationals before courts.
 UNITED NATIONS ON THE CONVENTION ON THE RIGHTS OF THE
CHILD(UNCRC): Article 1 of the UNCRC provides that every human
being below the age of 18 years is a child unless under the law
applicable to the child, majority is attained earlier.
Some of the rights of the child provided in UNCRC are as follows:
1. Right to be registered at birth.
2. Right to acquire nationality.
3. Right to know and be scared for by his parents.
4. Right to be separated from his parents against his will.
5. Freedom of expression.
6. Freedom of thought, conscience, and religion.
7. Freedom of association.
8. Freedom of assembly
9. Protection from all forms of physical or mental violence ,injury,
exploitation, sexual abuse.
10. Enjoyment of the highest attainable standard of health
11. Right to benefit from social security
12. Right to a standard of living adequate for the child’s physical,
mental, spiritual, moral, and social development.
13. Right to education.
14. Not to he denied of the right to enjoy his own culture, to profess
and practice own religion, or to use his own language.
15. Right to rest and leisure 16. Protection from economic
exploitation
16. Protection from all forms of sexual exploitation and sexual abuse.
Lesson 11: Principles on International Environmental Laws Page
95
Definition of Term:
 International environmental law- branch of public international
law comprising of those substantive, procedural, and institutional
rules which have as their primary objective the protection of the
environment
Essential Environmental Principles:
 Principle of Good Neighborliness: States have, in accordance
with the Charter of the United Nations and the principles of
international law, the sovereign right to exploit their own
resources pursuant to their own environmental policies and the
responsibility to ensure that activities within their jurisdiction or
control do not cause damage to the environment of other states or
of areas beyond the limits of national jurisdiction (1972 Stockholm
Declaration on the Human Environment, Principle 21).
 Precautionary Approach / Principle: When there is a lack of full
scientific certainly in establishing a causal link between human
activity and environmental effect, the court shall apply the
precautionary principle in resolving the case before it ( 1992 Rio
Declaration on Environment and Development, Principle 15).
 Polluter Pays Principle: National authorities should endeavor to
promote the internalization of environmental costs and the use of
economic instruments, taking into account the approach that the
polluter should, in principle, bear the cost of pollution with due
regard to the public interest and without distorting international
trade and investment (1992 Rio Declaration on Environment and
Development, Principle 16).
 Principle of Sustainable Development: It is development that
meets the needs of the present without compromising the ability of
the future generations to meet their own needs ( Our common
Future, UN Document A/42/ 427).
 Environment Impact Assessment Principle: Environmental
impact assessment, as a national instrument, shall be undertaken
for proposed activities that are likely to have significant adverse
impact on the environment and are subject to a decision of a
competent national authority (1992 Rio Declaration on
Environment and Development, Principle 17).
 Principle of Intergenerational Equity: Man bears a solemn
responsibility to protect and improve the environment for present
and future generations (1972 Stockholm Declaration on the
Human Environment, Principle 1).
 Principle of Common but Differentiated Responsibility:
Because of developed states have contributed disproportionately to
global environmental degradation, and because they command
greater financial and technological resources, those states have a
special responsibility in shouldering the burden of pursuing global
sustainable development (Sarmiento, 2009).
 Principle of Non- discrimination: Each state should ensure that
its regime of environmental protection, when addressing pollution
origination within the state, does not discriminate between
pollution affecting the state and pollution affecting other states
( Sarmiento, 2009).
Standard of Conduct:
 Strict Liability Theory: States are under an absolute obligation to
prevent pollution and are liable for its effects irrespective of fault
(Shaw, 2008).
 Test of Due Diligence: It is the standard that is accepted generally
as the most appropriate one. The test of due diligence undoubtedly
imports an element of flexibility in the equation. It is also
important to note that elements of remoteness and foreseeability
are part of the framework of the liability of the states. The damage
that occurs must have been caused by the pollution under
consideration (Shaw, 2008).
 Long - Range Trans- boundary Air Pollution: Air pollution
whose physical origin is situated wholly or in part within the are
under the national jurisdiction of one state and which has adverse
effects in the area under the jurisdiction of another state at such a
distance that it is not generally possible to distinguish the
contribution of individual emission sources of groups of sources
(1979 Convention on Long-Range Transboundary Air Pollution,
Article 1b).