 5 Rights of State

- Right of Independence – Right to sovereignty

- Right to self defense – right to exist
- Right of equality
- Right to property and jurisdiction
- Right of legation or diplomatic intercourse

 Territory consists of 3:
- Terrestrial – landmass
- Maritime – bodies of water
- Fluvial – doesn’t include aerial space

 Aerial domain – have freedoms

- Right of overflight
- Technical stock
- Ex. In 5th: Singapore airlines flight – operating between London and New York
- Operating in a domestic route

WAYS A COUNTRY WHICH ACQUIRE A TERRITORY

 Discovery and Occupation

- original mode of acquisition - nobody owns it (first owner)
-
 Cession
- State ceding (giving) terrirtory to another
- PH being sold to the Americans by 20 million dollars
 Subjugation
- Territory of one state conquered in war
- Invading through violent means
- Crimea was occupied by Russia 10 years ago; its occupation by Crimea of Ukraine is not recognized by
international law
- Africa (called: the scramble for Africa) conquest Europe – Europeans did injustice through the Africans
- The Europeans can also be blame because they set up a system –
-
 Accretion
- original mode of acquisition
- Manila bay – put soil there
- Gradual deposit of soil in the coast; Can happen artificial means; a result of human labor
- The palms are another example – artificial island being created in the bay
- Singapore is another example and Polders

 Prescription
- Adverse – kontra
- Under intl law – there is no number (years) there; it’s a case-to-case basis
- Piece of territory occupies by another state
- You allow the state through time
- Acquiring piece of territory to another
- Discovery and Occupation

The others are only derivatives of territory

Terra - land

Nullius – nobody owns it

The Island of Palma’s Case = Discovery is not enough; should be accompanied by occupation or should be coupled
with the exercised of sovereignty. It should be only discovered but also exercised sovereignty.

- VERY CLOSE TO MINDANAO

- The U.S and the Dutch wanted to know to whom the islands owns
- US – belongs to PH, because its closer to the Philippines Islands and it was discovered by the Spaniards.
- Argument of Dutch – it should belong to us, Spaniards never occupied it, you were not exercised sovereignty
over it.
- Submitted for Arbitration
- Decided in favor Dutch
- In the case of South China Sea – PH filing case, diplomatic protest.

Western Sahara Case

- Spain proclaimed its protectorate over Rio

- Spain filed CASE with the ICJ (can rendered advisory opinions over legal matters even if the facts does not
happen) – hypothetical
- AMIN BA YAN? ANSWER: NO
- It could not consider terra nullius because there were already people there, there were tribes
- Spain did not proceed upon the basis that it was establishing its sovereignty over terrae nullius.
- When it was entering the chief left and right.

ASSIGNMENT SHEET NO. 6

 Jurisdiction
- Is the authority exercised by a state over persons and things within or outside its territory, subject to certain
exceptions.
- PH does not have jurisdiction over the citizens.
- The embassy and consulate in the PH, does not have control over it – EXTRATERRITORIALITY – even if you are
outside the PH.
- EX: Americans ambassador’s residence in Baguio
- Does a state exercise jurisdiction over nationals outside territory? PERSONAL JURISDICTION

 Personal Jurisdiction
- Is the power exercisable by state over its nationals.
- WHEREVER YOU ARE, THE LAWS WILL FOLLOW YOU.

 REPATRIATED
- IBABALIK SA BANSA
- GOING BACK TO THE COUNTRY WHERE YOU ARE A CITIZEN OF.
-
 REVISED PENAL CODE
- If you commit crime, even if you are not in the Philippines, you will be subject to PH jurisdiction
- The PH will only have jurisdiction over crimes committed inside the territory. FALSE

 TERRITORIAL JURISDICTION
- Is absolute and admit no exceptions? FALSE. Because of the principle of extraterritoriality.
 - is the authority of a state, based on its sovereignty.

 Terrestrial
-
- EX: Spanish Dasmarinas Covid Police Garden – THREATENED HE WOULD BE ARRESTED ON HIS OWN
PROPERTY
- Generally, when you are arrested, they have to be arrest warrant.
- ARTICLE 3. TELLS US WHAT ARE RIGHTS ARE.
- No personal shall be deprived of life, liberty or property/.
- They don’t have the right to vote – FOREIGNERS
- Policemen should respect the rights of the foreigners.
-
 Maritime and fluvial
- Sovereignty of the state extends beyond its land territory and internal waters to a belt of the sea adjacent
- Principal convention that applies to the rights of coastal state: UNCLOS (United Nation Convention on the
Law of the Seas)
- Low water mark – low tide – all waters in wards: INTERNAL WATERS (we have jurisdiction over that)
- 12 NAUTICAL MILES CALLED TERRITORIAL SEA is our territory
- 24 nautical miles called Contiguous Zone: CFIS : Coastal state can exercise customs, fiscal, immigration and
sanitary laws
- Absolute Sovereignty –
- Territorial Sea – sovereignty: Foreign vessels have the right to innocent passage (makikidaan lang)
- Exclusive economic zone: EECM 200 NAUTICAL: EXPLORE, EXPLIT, CONSERVE, MANAGE OUR LIVING AND
NON-LIVING NATURAL RESOURCES THERE (right of innocent passage of foreign vessels)
- Have the right to internal passage: EECM does not include

 Continental Shelf
- Example of installation: OIL RIGS
- Coastal state can make installation in coastal shelf

 Patrimonial Sea
- 200 hundred nautical miles from the coast or baselines of the state over which it asserts exclusive
jurisdictions and ownership over all living and non-living jurisdiction

To a certain extent atin, but don’t consider it as part of PH territory.

EEZ: Sovereign rights lang but cannot exercise by the others.

 The Open Sea

- Not included
- Freedom of navigation
- Overflight

 Aerial Jurisdiction
- Does not include outer space
 Outer Space
- Are not susceptible or national appropriation
  Deep Seabed
- Common heritage of mankind
- and cannot be owned by any state or person
 Polar Regions
- North (Arctic) and South Pole (Antarctica) – cannot form part of territory
- Antartic Claims: hindi naman kasi flat ang mundo
- Not yet part of customary international law

ASSIGNMENT SHEET 7

- Research process how can you be a foreign service officers