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PUBLIC INTERNATIONAL LAW (CRUZ) |2014
BETIA| MENOR |REAMICO
PUBLIC INTERNATIONAL LAW relations of relations inter se of

individuals among states and other
CHAPTER 1 themselves or with international
their own states persons
GENERAL PRINCIPLES
Violations of the Questions of
municipal law are international law are
redressed through resolved through
INTERNATIONAL LAW (IL) local administration state-to-state
and judicial process transactions ranging
- Traditional concept- a body of rules and from peaceful
principles of action which are binding upon methods like
civilized states in their relations with negotiations and
another. arbitration to the
- Schwarzenberger- is the body of legal rules hostile arbitrament
which apply between sovereign states and of like reprisals and
such other entities as have been granted even war
international personality. Breaches of Responsibility of
municipal law infraction of
DIVISIONS OF INTERNATIONAL LAW generally entail only international law is
individual usually collective in
1. Laws of peace- govern the normal relations responsibility the sense that it
of states. attaches directly ot
2. Laws of war- when war breaks out between the state and not to
or among some of them, the relation of its nationals.
these states cease to be regulated under
the laws of peace and come under the laws
of war. It is possible for a principle of municipal law to
3. Laws of neutrality- those states not become part of international law, as when the
involved in the war continue to be principle is embodied in a treaty or convention.
regulated under the laws of peace in their
relations inter se. however, their relations TWO THEORIES AS TO MANNER OF ADOPTING
with the belligerents, or those involved in INTERNATIONAL LAW AS PART OF THE LAW OF THE
the war, are governed by the laws of LOCAL STATE
neutrality.
1. DOCTRINE OF INCORPORATION
INTERNATIONAL LAW V. MUNICIPAL LAW - International laws are adopted as part of a
state’s municipal law, by affirming their
1. Monists- There is no substantial distinction recognition of the principles of international
between international law and municipal law in their constitutions.
law because they believe in the oneness or
unity of all law 2. DOCTRINE OF TRANSPORMATION
2. Dualists- who believe in the dichotomy of - Generally accepted rules of international
the law, there are certain well established law are not per se binding upon the state
difference between international law and but must first be embodied in legislation
municipal law. enacted by the law-making body and so
transformed into municipal law.
MUNICIPAL LAW INTERNATIONAL CRITERIA TO BE APPLIES IN RESOLVING CONFLICTS
LAW BETWEEN INTERNATIONAL LAW AND MUNICIPAL
Issued by a political Is not imposed upon LAW
superior for but simply adopted
observance by by states as a - To attempt to reconcile the apparent
those under its common rule of contradiction and thereby give effect, if
authority action among possible, to both systems of law.
themselves
Consists mainly of Derived not from any It should be presumed that municipal law is always
enactments from particular legislation enacted by each state with due respect for and
the law-making but from sources as never in defiance of the generally accepted
authority of each international principles of international law.
custom,
CONSTITUTION V. TREATY
international
conventions and the Generally, the treaty is rejected in the local forum
general principles of but is upheld by international tribunals as
law demandable obligation of the signatories under the
Regulates the Applies to the maxim pactasuntservanda.
1
The position of the Philippines regarding this matter certain common problems of a political,
is clear enough. There can be no doubt as to the economic, cultural or humanitarian
meaning of our constitution when it authorizes the character
SC to decide, among others, all cases involving the 4. Aims to provide for the orderly
constitutionality of “any treaty, international or management of the relations of states on
executive agreement, law…” the basis of the substantive rules they have
agreed to observe as members of the
BASIS OF INTERNATIONAL LAW international community.
1. Naturalist school of thought- there is a DISTINCTION WITH OHERS CONCEPTS

natural and universal principle of right and
wrong, independent of any mutual 1. International morality or ethics- those
intercourse or compact, which is supposed principles which governs the relations of
to be discovered and recognized by every states from the higher standpoint of
individual through the use of his reason and conscience, morality, justice and humanity.
his conscience. 2. International comity- those rules of
2. Positivists- who that the binding force of courtesy observed by states in their mutual
international law is derived from the relations, in that violations of its precepts
agreement of sovereign states to be bound are not regarded as constituting grounds for
by it. legal claims.
3. Eclectics or Grotians- both the law of 3. International diplomacy- relates to the
nature and the consent of states as the objects of national or international policy
basis of international law. and the conduct of foreign affairs or
international relations.
SANCTIONS OF INTERNATIONAL LAW 4. International administrative law- that body
of laws and regulations, now highly
1. Belief shared by many states in the inherent developed, created by the action of
reasonableness of international law and international conference or commissions
their common conviction that its which regulate the relations and activities
observance will redound to the welfare of of national and international agencies with
the whole society of nations. respect to those material and intellectual
2. But regardless of the intrinsic merit of the interests which received an authoritative
rules of international law, they may still be universal recognition.
observed by states because of the normal
habits of obedience ingrained in the nature
of man as social being.
3. Respect for the world opinion held by most CHAPTER 2
states, or their desire to project an
agreeable public image in order to maintain SOURCES OF INTERNATIONAL LAW
the goodwill and favourable regard of the
rest of the family of nations.
4. The constant and reasonable fear, present
KINDS OF SOURCES
even in the most powerful states, that
violation of international law might visit 1. Primary/ direct sources
upon the culprit the retaliation of other a. Treaties/conventions, whether general
states. or particular, establishing rules
5. There is the machinery of the UN which, expressly recognized by the contesting
within the sphere of its limited powers, has states
on many occasions proved to be an
effective deterrent to international disputes b. International customs- a practice
caused be disregard of the law of nations. which has grown up between states
and has come to be accepted as
FUNCTIONS OF INTERNATIONAL LAW
binding the mere fact of persistent
1. To establish peace and order in the usage over a long period of time.
community of nations and to prevent the
employment of force, including war, in all c. General principles of law recognized
international relations by civilized nations- the general
2. It strives as well to promote world principles of law are mostly derived
friendship by levelling the barriers, as of from the law of nature and observed by
color or creed, that have so far obstructed the majority of states because they
the fostering of a closer understanding in believed to be good and just.
the family of nations.
3. To encourage and ensure greater 2. Secondary/ indirect sources
international cooperation in the solution of a. Decisions of courts- art 38 of the
statute of ICJ does not distinguish
2
between those rendered by CLASSIFICATION OF STATES

international tribunals and those
promulgated only by national courts INDEPENDENT STATES
b. Writing of publicists-must also be, to
qualify as such, a fair and unbiased one which is not subject to dictation from
representation of international law, others in this respect
and by an acknowledged authority in
a. Simple States- one which is placed
the field.
under a single and centralized
government exercising power over
NOTE: The doctrine of stare decisis is not applicable both its internal and external affairs
in international law, and so the decision of a b. Composites States- two or more states,
subsequent case. each with its own separate government
but bound under a central authority
exercising, to a greater or less degree,
control over their external relations.
CHAPTER 3
1. Real union- created when two or
THE INTERNATIONAL COMMUNITY more states are merged under a
unified authority so that they form
a single international person
through which they act as one
INTERNATIONAL COMMUNITY
entity.
- the body of juridical entities which are 2. Federal union- is a combination of
governed by law of nation. two or more sovereign states
- Modern concept- it is composed not only of which upon merger cease to be
states but also of such other international states, resulting in the creation of a
persons. new state with full international
personality to represent them in
SUBJECT V. OBJECT their external relations as well as a
certain degree of power over their
SUBJECT OF INTERNATIONAL LAW- is the entity that domestic affairs and their
has rights and responsibilities under that law. It has inhabitants. i.e. US
an international personality in that it can directly 3. Confederation- is an organization
assert rights and be held directly responsible under of states which retain their internal
the law of nations. sovereignty and, to some degree,
their external sovereignty, while
OBJECT OF THE INTERNATIONAL LAW- is the person delegating to the collective body
or thing in respect of which rights are held and power to represent them as a
obligations assumed by the subject. whole for certain limited and
specified purposes.
STATES
4. Personal union- comes into being
- A group of people living together in a when two or more independent
definite territory under the independent states are brought together under
government organized for political ends and the rule of the same monarch, who
capable of entering into international nevertheless does not become one
relations. international persons for the
purpose of representing any or all
of them.
ELEMENTS: 5. Incorporate union- two or more
states under a central authority
1. A permanent population- Human being empowered to direct both their
living within its territory external and internal affairs and
2. Defined territory- fixed portion of the possessed of a separate
surface of the earth in which the people of international personality.
the state reside
3. Government- agency through which the will NEUTRALIZED STATES
of the state is formulated, expressed and
realized. An independent state, whether it be simple
4. Sovereignty or independence- external or composite, may be neutralized through the
aspect or manifestation of sovereignty, that agreement with other states by virtue of which the
is, the power of the state to direct its own latter will guarantee its integrity and independence
external affairs without interference or provided it refrains from taking any act that will
dictation from other states. involve it in war or other hostile activity except for
defensive purposes.
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DEPENDENT STATES held responsible for all injuries caused upon third
states. For the purpose of the conflict, and pending
An entity which, although theoretically a determination of whether or not the belligerent
state, does not have full freedom in the direction of community should fully recognized as a state, it is
its external affairs. It fall into two general categories: treated as an international persons and becomes
directly subjects to the laws of war and neutrality.
a. Protectorate- which is established at the
request of the weaker state for the A inchoative state- it is vested with full rights of
protection by string power visitation, search and seizure of contraband articles
b. Suzerainty- which is a result of a concession on high seas, blockade and the like.
from a states to a former colony that is
allowed to be independent subject to the INTERNATIONAL ADMINISTTATIVE BODIES
retention by the former sovereign of certain
power over the external affairs of the latter. Created by agreement among states may be
vested with international personality when two
UNITED NATIONS conditions concur, to wit, that their purposes are
mainly non-political and that they are autonomous.
UN is not is state or a super state but a
mere organization of states, it is regarded as an Examples: international labor organization,
international person for certain purposes. food and agricultural organization, world health
organization
THE VATICAN CITY
INDIVIDUALS
The holy see has all the constituent element of
statehood ( people, territory: 108.7 acres; Individual only as an object of international
government with the pope as head; and law who can act only through the instrumentality of
independence by virtue of the Lateran Treaty of his own state in matters involving others states.
February 11,1929, which constitutes the Vatican as a
territory under the sovereignty of the Holy See. It CHAPTER 4
has all the right of a state, including diplomatic
intercourse, immunity from foreign jurisdiction. THE UNITED NATIONS
COLONIES AND DEPENDENCIES Delegate of fifty nations met at the San Francisco
conference from April 25, to June 26, 1945, and
A colony or a dependency is part and parcel of the prepared and unanimously approved the charter of
parent state, through which all its external relations the United Nations. This came into force on October
are transacted with other states. As such, therefore, 24, 1945.
it has no legal standing in the family of nations.
Nevertheless, such entities have been allowed on THE U.N. CHARTER
occasion to participate in their own right in
- Is a lengthy document consisting of 111
international undertaking and granted practically the
articles besides the preamble and the
status of a sovereign state.
concluding provisions.
MANDATES AND TRUST TERRITORIES - May be considered a treaty because it
derives its binding force from the
The system of mandates was established after the agreement of the parties to it.
World War I in order to avoid outright annexation of - Intended to apply not only to the members
the underdeveloped territories taken from the of the organizations but also to non-
defeated powers and to place their administration member states so far as may be necessary
under some forms of international supervision. for the maintenance of international peace
and security.
Kinds of trust territories:
AMENDMENTS
1. Those held under the mandate under the
league of nations - When they have been adopted by the vote
2. Those territories detached from the of 2/3 of the members of the general
defeated states after world war II assembly and ratified accordance with their
3. Those voluntarily placed under the system respective constitutional processes by 2/3
by the states responsible for their of the members of the U.N., including all
administration. the permanent members of the Security
Council.
BELLIGERENT COMMUNITIES - a GENERAL CONFERENCE may be called by
majority vote of the general assembly and
When a portion of the population rises up in arms any nine members of the security council
against the legitimate government of the states. The for the purpose of reviewing the charter.
upheaval is ordinarily regarded as a merely internal Amendments may be proposed by the vote
affair, at least during its initial stages. The state is of 2/3 of the members of the general
4
assembly and ratified accordance with their prejudice the application of enforcement
respective constitutional processes by the measure under Chapter VII
2/3 of the members of the U.N., including
all the permanent members of the Security MEMBERSHIP
Council.
KINDS:
THE PREAMBLE OF THE CHARTER
1. Original- those states which, having
- introduces the charter and sets the participated in the U.N conference on
common intentions that moved the original international organization at San Francisco
members to unite their will and efforts to or having previously signed the declaration
achieve their common purpose. by U.N of January 1, 1942, signed and
ratifies the charter of the U.N.
PRINCIPAL PURPOSES OF U.N. 2. Elective
1. to maintain international peace and The distinction between the two is based only on the
security manner of their admission and does not involve any
2. to develop friendly relations among nations difference in the enjoyment of rights or the
3. to achieve international cooperation in discharge of obligations.
solving international problems and in
promoting and encouraging respect for QUALIFICATIONS:
human rights and fundamental freedoms.
4. To be a center for harmonizing the actions 1. It must be a state
of nations in the attainment of these 2. It must be peace-loving
common ends 3. It must accept the obligations of the Charter
4. It must be able to carry out these
PRINCIPLES obligations
5. It must be willing to carry out these
1. The organizations is based on the principles obligations
of the sovereign equality of all its members
2. All members, in order to ensure to all of ADMISSION
them the rights and benefits resulting from
membership, shall fulfil in good faith the Decision of 2/3 of those present and voting
obligations assumes by them in accordance in the general assembly upon the recommendation
with the present charter. of at least nine (including all the permanent)
3. All Members shall settle their international members of the Security Council
disputes by peaceful means in such a
SUSPENSION
manner that international peace and
security, and justice, are not endangered. Effected by 2/3 of those present and voting
4. All Members shall refrain in their in the general assembly upon favourable
international relations from the threat or recommendation of at least nine members of the
use of force against the territorial integrity Security Council including the permanent members
or political independence of any state, or in
any other manner inconsistent with the The suspension may be lifted alone by the
Purpose of the United Nations. Security Council, also by a qualified majority vote.
5. All Members shall give the United Nations
very assistance in any action it takes in Suspended members will prevent it from
accordance with the present Charter, and participating in the meeting of the general assembly
shall refrain from giving assistance to any or from being elected to or continuing to serve in the
state against which the United Nations is Security Council, the economic and social council of
taking preventive or enforcement action. the trusteeship council. National of the suspended
6. The Organization shall ensure that states members, may however, continue serving in the
which are not Members of the Unites Secretariat and the ICJ as they regarded as
Nations act in accordance with these international officials or civil servants acting for the
Principles so far as may be necessary for the Organization itself.
maintenance of international peace and
security. EXPLUSION
7. Nothing contained in the present Charter
2/3 vote of those present and voting in the
shall authorize the United nations to
general assembly, upon recommendation of a
intervene in matters which are essentially
qualified majority of the security Council, on grounds
within the domestic jurisdiction of any state
of persistently violating the principles contained in
or shall require the Members to submit
the Charter.
such matters to settlement under the
present Charter; but this principles shall not WITHDRAWAL
5
No provision on withdrawal from membership was - 10 elective members

includes in the Charter because of the fear that it o 5 African and Asian states
might encourage successive withdrawals that would o 2 latin American states
weaken the organization. o 2 western European and other
states
A member might withdraw from the U.N if: o 1 eastern European states
1. The organization was revealed to be unable
- The non-permanent members are NOT
to maintain peace or could do so only at the
eligible for immediate re-election
expense of law and justice
- The permanent members were give
2. The member’s right and obligations as such
preferred position because of the feeling
were changed by a charter amendment in
that they were the states that would be
which it had not concurred or which it finds
called upon to provide the leadership and
itself unable to accept
physical force that might be needed to
3. An amendment duly accepted by the
preserve the peace of the world
necessary majority either in the general
- The geographical distribution of non-
assembly or in a general conference is not
permanent members was a recognition of
ratified.
the relative importance of the affected in
ORGANS OF THE UNITED STATES the maintenance of international order.
- Chairmanship- rotated every calendar
PRINCIPAL ORGANS month on a basis of English alphabet order
of names
1. General assembly (G.A) - YALTA FORMULA- devised at the crimea
- Consists of all the members of the conference
organization, each of which is entitled to o Each member shall have one vote,
send not more than 5 representatives and 5 but the distinction is made
alternates between the Big Five and the non-
- Each member of the G.A has one vote permanent members in the
resolution of substantive questions
Functions of the General Assembly o PROCEDURAL MATTERS are to be
decided by the affirmative vote of
a. Deliberative- initiating studies and
any nine or more members.
making recommendations toward
o NON-PROCEDURAL MATTERS
the progressive development of
require the concurrence of also at
international law and its
least nine members but included
codification and recommending
all the permanent members, but
measure for the peaceful
including the permanent members.
adjustment of any situation
o No members, permanent or not is
b. Supervisory- receiving and
allowed to vote on question
considering annual and special
concerning the pacific settlement
reports from the other organs of
of a dispute to which it is a party.
the U.N
- PROCEDURAL MATTERS include questions
c. Financial- the consideration and
relating to the organization and meeting of
approval of the budget of the
the security council, the establishment of
organization, the apportionment of
subsidiary organs and the participation of
expenses among its members and
states parties in disputes in the discussion
the approval of financial
of the organ.
arrangements with specialized
- NON-PROCEDURAL MATTERS are those that
agencies.
may require the security council under its
d. Elective- the election of non-
responsibility of maintenance or resorting
permanent members of the
world peace to invoke measures of
Security Council
enforcement
e. Constituent- admission of the
- PERMENENT MEMBERS may cast a VETO an
members and the amendment of
thereby prevent agreement on a non-
the Charter of the U.N
procedural question even if it is supported
2. Security council
by all the other members of the Security
- Key organ of the U.N in the maintenance of
Council
the internal peace and security council
- PERMENENT MEMBERS may also exercise
- 5 permanent members
the so called DOUBLE VETO, by means of
o China
which it can disapprove any proposal to
o France
consider a question merely procedural and
o United kingdom
thereafter vote against the question itself
o Russia
on the merits
o United states
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- Abstention or absence of any permanent o Accept petitions and examine

member in connection with a voting on a them in consultation with the
non-procedural question is not connection administering authorities
with a voting , and the proposal is deemed o Provide for periodic visits to trust
adopted if approved by at least nine territories at times agrees upon
members of the Security Council including with the administering authorities
the rest of the permanent members. o Take such other actions in
- Purpose of the YALTA FORMULA is to conformity with the terms of the
ensure the unity (?) of the permanent questionnaire on the political,
members in the measures to be taken in the economic, social and educational
pursuit of its primary function of advancement of the inhabitant of
maintaining international peace and the trust territories
security. - Trusteeship council is largely become
obsolete with the conversion of practically
3. Economic and social council all trust territories into full-fledged
- Elected by G.A for 3 year terms and may be miniature states.
re-elected immediately
- Each member has one vote and decisions 5. International court of justice
are reached by a majority of those present - Judicial organ of the U.N which function in
and voting accordance with the statute.
- Organs should exert efforts toward: - Composed of 15 members who are elected
o Higher standards of living, full by absolute majority in the G.A and the
employment, and conditions of security council
economic and social progress and - The judges must:
development o be of high moral character
o Solutions of international o possess the qualifications required
economic, social health and in their respective countries for
related problems and appointment to their competence
international, cultural and in international law
educational cooperation; and - No two of them may be nationals of the
o Universal respect for and same state and in the event that more than
observance of, human rights and one national of the same state obtain the
fundamental freedoms for all required majorities, only the eldest shall be
without distinction as to race, sex considered elected
language or religion. - Members have a term of 9 years and may
be re-elected.
4. Trusteeship council - No judge can be removed unless, in the
- Charged with the duty of assisting the unanimous opinion of the other members,
Security Council and the general assembly he has ceased to fulfil the required
in the administration of the international conditions.
trusteeship system. - Court may elect its president and vice pres.
- Composed of : Who shall serve for 3 years and may be re-
o The members of the U.N elected
administering trust territories
o The permanent members of the 6. Secretariat
security council not administering - Chief administrative organ of the U.N
tryst territories - Headed by SECRETARY GENERAL
o As many other members elected o Chose by the G.A upon
for 3 year term by general recommendation of the security
assembly as may be necessary to council
ensure that the total number of o Fixed 5 years term by resolution of
members of the trusteeship the G.A and may be re-elected
council is equally divided between o Highest representative of the U.N
those members of the United and is authorized to act in itself
Nations which administer trust o When acting in his capacity, he is
territories and those which do not. entitles to full diplomatic
- Each member has one vote and decisions immunities and privileges which
are reached by a majority of those present only the security council may
and voting waive
- Under its authority, it may: o The immunities and privileges of
o Considered reports submitted by other key official of the united
the administering authorities nation may be waived by the
secretary general
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o His duty is to bring to the attention SUCCESSION OF STATES

of the security council may matter
which in his opinion may threaten - Takes place when one state assumes the
international peace and security rights and some of the obligations of
o Acts a s secretary in all the another because of certain changes in the
meetings of the G. A, the security condition of the latter.
council, the economic and social - May be either:
council and the trusteeship council o Universal succession -when a state
and performs such other functions is annexed to another state or is
as may be assigned to him by these totally dismembered or merges
organs. with another state to form a new
o He prepares the budget of the U.N state
for submission to the G.A, provides o Partial succession- take place
technical facilities to be different when a portion of the territory of
organs of the organization and in the states or is ceded to another or
general coordinates its vast when an independent state
administrative machinery becomes a protectorate or a
- Secretary general and the members of his suzerainty or when a dependent
staff are internal officers solely responsible state acquires full sovereignty.
to the Organization and are prohibited from
seeking or receiving instruction from any CONSEQUENCES OF STATE SUCCESSION
government or any authority external to the
- Allegiance of the inhabitants of the
U.N
predecessor state in the territory affected is
transferred to the successor state. They are
also naturalized en masse
SECONDARY ORGANS- those which have been - Political law of the former are automatically
created by or in accordance with the charter such as abrogated and may be restored only by a
the military staff committee, the international law positive act on the part of the new
commission and the commission on human rights. sovereign. But non-political laws, such as
those dealing with familiar relations, are
CHAPTER 5 deemed continued unless they are changed
by the new sovereign or are contrary to the
THE CONCEPT OF THE STATE institution of the successor state.
- Treaties of a political and even commercial
CREATION OF STATES nature, as well as treaties of extradition, are
also discontinued, except those dealing
- By revolution
with local rights and duties, such as those
- By unification
establishing easement and servitudes.
- By secession
- All the rights of the predecessor state are
- By assertion of independence
inherited by the successor state but this is
- By agreement and attainment of civilization
not so where liabilities are concerned.
EXTINCTION OF STATES
- By extinction or emigration en masse of its

SUCCESSION OF GOVERNMENT
population
- By loss of territory - Where the government replaces another
- By overthrow of government resulting in either peacefully or by violent methods. In
anarchy both instances, the integrity of the state is
not affected; the state continues as the
PRINCIPLES OF STATE CONTINUITY
same international person except only that
- The state continues as juristic being its lawful representative is changed.
notwithstanding changes in its - The rights of the predecessor government
circumstances, provided only that they do are concerned; they are inherited in too by
not result in loss of any of its essential the successor government.
elements. - Where the new government was organized
- This principle applied in the sapphire case by virtue of a constitutional reform duly
where, after Emperor Louis napoleon filed a ratified in plebiscite, the obligations of the
damage suit on behalf of France in an replaced government are completely by the
American court, he was deposed. former.
Nonetheless, the action was not abated and - Where the new government was
could continue upon recognition of the duly established through violence as by a
authorized representative of the new revolution, it may lawfully reject the purely
government of France. personal or political obligations of the
8
predecessor government but not 2. To accept the new government as having

contracted by it in the ordinary course of authority to represent the state it purports
official business. to govern and to maintain diplomatic
relations with it
3. To recognize in the case of insurgent that
they are entitled to exercise belligerent
CHAPTER 6 rights
RECOGNITION RECOGNITION OF STATES
- held irrevocable and imports the

recognition of the government
BASIC RULES IN RECOGNITION OS STATES
EFFECTS OF THE RECOGNITION OF THE STATE
- It is political act and mainly a matter of
AND GOVERNMENT
policy on the part of each state.
- it is discretionary on the part of the 1. full diplomatic relations are established
recognizing authority. except where the government
- it is exercised by the political (executive) 2. the recognized state or government acquire
department of the state. the right to sue in courts of recognizing
- The legality and wisdom of recognition is state
not subject to judicial review. 3. the recognized state or government has a
right to possession of properties of
THEORIES ON RECOGNITION
predecessor in the territory of the
1. Declaratory (majority view) recognizing state
- merely affirms the pre-existing fact that the 4. all acts of the recognized state or
entity being recognized already possess the government are validated retroactively,
status of an international persons. preventing the recognizing state from
- Political and discretionary passing upon their legality in its own courts
2. Constitutive (minority view)
RECOGNITION OF A STATE V. RECOGNITION OF
- It is last indispensable element that
GOVERNMENT
converts or constitutes the entity being
recognized into an international person. - recognition of the state carries with it
- Mandatory and legal recognition of the government
- recognition states is irrevocable
OBJECTS OF RECOGNITION
RECOGNITION OF GOVERNMENT
1. Recognition of a state- held irrevocable and
imports the recognition of the government - may be withdrawn and does not necessary
2. Recognition of a government- may be signify the existence of a state as the
withdrawn and does not necessary signify government may be that of a mere colony.
the existence of a state as the government
may be that of a mere colony. REQUISITES:
3. Recognition of belligerency- does not
produce the same effect as the recognition 1. government is stable and effective
of states and government because the (objective test)
rebels are accorded international 2. no substantial resistance to its authority
personality only in connection with the 3. the government must show willingness and
hostilities they are waging. ability to discharge its international
obligations (subjective test)
KIND OF RECOGNITION 4. government must enjoy popular consent or
approval of the people.
1. Express- may be verbal or in writing. It may
be extended through a formal proclamation
or announcement, a stipulation in a treaty,
a letter or telegram, or on the occasion of KINDS OF THE DE FACTO GOVERNMENT
an official call or conference.
2. Implied- when the recognizing state enters 1. That which is established by the inhabitants
into officials intercourse with the new who rise in revolt against and depose the
member by exchanging diplomatic legitimate regime.
representatives with it. 2. That which is established in the course of
war by the invading forces of one
The act constituting recognition shall give a clear belligerent in the territory of the other
indication of an intention: belligerent, the government of which is also
displaced.
1. To treat with the new state as such
9
3. That which is established by the inhabitants EFFECTS OF THE RECOGNITION OF THE STATE
of a state who secede therefrom without AND GOVERNMENT
overthrowing its government.
1. full diplomatic relations are established
LANDMARK CASE DOCTRINE except where the government
2. the recognized state or government acquire
1. WILSON/ TOBAR DOCTRINE the right to sue in courts of recognizing
- This precludes recognition of the state
government established by revolution, civil 3. the recognized state or government has a
war, coup d’etat or other form of internal right to possession of properties of
violence until the freely elected predecessor in the territory of the
representatives of the people have recognizing state
recognized a constitutional government 4. all acts of the recognized state or
government are validated retroactively,
2. KELSEN DOCTRINE preventing the recognizing state from
- A states violates international law and thus passing upon their legality in its own courts
infringes upon the rights of other states if it
recognizes as a state a community which RCOGNITION OF BELLIGERENCY
does not fulfil the requirements of
international law - Does not produce the same effect as the
recognition of states and government
3. BETANCOURT DOCTRINE because the rebels are accorded
- This came as a reflection of Venezuelan international personality only in connection
president Romulo Betancourt’s antipathy with the hostilities they are waging.
for non-democratic rule, which denied
diplomatic recognition to any regime, right CONDITION FOR RECOGNITION OF
or left, which came to power by military BELLIGERENCY
force.
1. there must be an organized civil
government directing the rebel forces
4. LAUTERPACHT DOCTRINE
2. the rebels must occupy a substantial
- It is the recognition of an entity which is not
portion of the territory of the state
legally a state is wrong because it
3. the conflict between the legitimate
constitutes as abuse of the power of
government and the rebels must be serious,
recognition. It acknowledges a community
making the outcome uncertain.
which is not in law, independent and which
4. The rebels must be willing and able to
does not therefore fulfil the essential
observe the laws of war.
conditions of statehood as an independent
state. It is, accordingly, a recognition which EFFECTS OF RECOGNITION OF BELLIGERENCY
an international tribunal declare not only to
constitute a wrong but probably also to be 1. Responsibility for acts of rebels resulting to
itself invalid. injury to nationals of recognizing state shall
be shifted to rebel government
5. STIMSON DOCTRINE 2. The legitimate government recognizing the
- This precludes recognition of any rebels as belligerents shall observe laws or
government established as a result of customs of war in conducting hostilities
external aggression 3. Third states recognizing belligerency should
maintain neutrality;
6. ESTRADA DOCTRINE 4. Recognition is only provisional and only for
- This refers to dealing or not dealing with purposes of hostilities.
the government established through a
political upheaval is not a judgement on the CHAPTER 7
legitimacy of the said government.
THE RIGHT OF EXISTENCE AND SELF-DEFENSE
 Once a state comes into being. It is invested

RECOGNITION DE JURE RECOGNITION DE FACTO with certain rights described as
Relatively permanent Provisional fundamental.
Vests title in the Does NOT vests title in  Most important of these rights:
government to its the government to its o Right of existence
properties abroad properties abroad o Self-defence
Brings about full Limited to certain
diplomatic relations juridical relations *It is important because all its other rights are
supposed to flow or be derived from it.
10
 The presence of an “Armed Attack” to 5. Use of armed forces within the territory of
justify the exercise of the right of self- another State with the agreement of the
defence may be taken by a state only in the receiving State, in contravention of the
face of a necessity of self-defense that is conditions provided for in the agreement or
instant, overwhelming and leaving no any extension of their presence in such
choice of means and no moment for territory beyond the termination of the
deliberation agreement
 Right may be resorted only upon clean 6. The action of a State in allowing its
showing of a grave and actual danger to the territory, which it has placed at the disposal
security of the state of another State, to be used by that other
 “The best defense is offense” – Grotius State for perpetrating an act of aggression
 One might well argue now that the very against a 3rd state
state of armed preparedness of a nuclear 7. The sending by or on behalf of a State of
power is per se a potent, if latent. armed force against another State of such
gravity as to amount to the acts listed
THE CUBAN MISSILE CRISIS above, or its substantial involvement
therein.
 “The peace of the world and the security of
the US (had been) endangered by reason of
the establishment by the Sino-Soviet
powers of an OFFENSIVE MILITARY CHAPTER 8
CAPABILITY in Cuba, including bases for
ballistic missiles with a potential range THE RIGHT OF INDEPENDENCE SOVEREIGNTY
covering most of North and South America.
REGIONAL ARRANGEMENTS
Supreme, uncontrollable power inherent in a state,
 Nothing in the present charter precludes the supreme power of the state to command and
the existence of regional arrangements. enforce obedience
REGIONAL ARRANGEMENTS – Agencies for dealing  Enables the state to make its own decision
with such matters relating to the maintenance of vis-à-vis other states and vests it with
international peace and security as are appropriate competence to enter into relation and
for regional action. agreements with them.
 Example of Regional Agency: Organization 2 ASPECTS

of American States – Whose organ of
consultation authorized or ratified the 1. INTERNAL SOVEREIGNTY – Power of the
action taken by the US. state to direct its domestic affairs
2. EXTERNAL SOVEREIGNTY – The freedom of
THE BALANCE OF POWER the state to control its own foreign affairs.
o External sovereignty is more often
 One reason for the organization of regional referred to as independence.
arrangements is to provide for the balance
of power
 An arrangement of affair so that no state
shall be in a position to have absolute NATURE OF INDEPENDENCE
mastery and dominion over others. – Vattel
 Freedom from control by any other state or
AGGRESSION – Use of armed force by a state group of states and not freedom from the
against: restrictions that are binding on all states
forming the family of nations.
 Sovereignty  Must submit to limitations, independence
 Territorial Integrity of a state is of necessity restricted.
 Political independence of other state
INTERVENTION
 First use of armed forces shall constitute
 State must abstain from intervention. It
prima facie evidence of aggression
expects its independence to be respected
QUALIFY AS AN ACT OF AGGRESSION by other states, so too must it be prepared
to respect their own independence.
1. Invasion/attack by armed forces of a state  Rights of independence carries with it duty
of the territory of another state of non-intervention.
2. Bombardment of armed forces
3. The blockade of parts/coasts of a state by 2 INSTANCES WHEN THE USE OF FORCE IS ALLOWED
the armed forces of another state UNDER THE CHARTER OF THE UN:
4. Attack of sea, air forces, land etc.
11
1. When such action is agreed upon in a treaty  5 of them must be elected from the African
2. When requested from sister states or from and Asian states and only 1 can come from
the UN the Eastern European State.
 In General Assembly, all members have on
 Recent events have called for a re- vote regardless of the number of people
examination of the law on intervention, they separately represent.
especially where intervention is based on
humanitarian grounds CHAPTER 9
 Revolted by the inhumane plight of the
innocent victims, the UN sent a contingent THE RIGHT OF EQUALITY
of military troops from several countries,
 Art. 2 of Charter of the UN “The
primarily the US.
organization is based on the principle of the
THE DRAGO DOCTRINE sovereign equality of all its members
 States are juridically equal, enjoy the same
 The contracting powers agree not to have rights, and have equal capacity in their
recourse to armed force for the recovery of exercise. The rights of each one do not
contract debts claimed from the depend upon the power which it possesses
government of one country by the to assure its exercise, but upon the simple
government of another country as being fact of its existence as a person under
due to its nationals. international law.
ESSENCE OF EQUALITY
CHAPTER 9: THE RIGHT OF EQUALITY  Does not signify parity in physical power,
political influence or economics status or
 Art. 2 of Charter of the UN: “The prestige
organization is based on the principle of the  Equality does not even require equality in
sovereign equality of all its members. the number of rights.
 States are juridically equal, enjoy the same  PRINCIPLE: All the rights of a state,
rights, and have equal capacity in their regardless of their number, must be
exercise. The rights of each one do not observed and respected
depend upon the power which it possesses  All states, big or small have an equal right to
to assure its exercise, but upon the simple the enjoyment of all their respective
fact of its existence as a person under attributes as members of the family of
international law. nations.
 All members of UN have each one vote in
ESSENCE OF EQUALITY the General Assembly, all votes having
equal weight, and are generally eligible for
 Does not signify parity in physical power, positions in the various organs of the UN
political influence or economic status or  “Par in paren non habet imperium” – even
prestige the strongest state cannot assume
 Equality does not even require equality in jurisdiction over another state, no matter
the number of rights how wake etc..
 All the rights of a State, regardless of their
number, must be observed and respected LEGAL EQUALITY VS. FACTUAL INEQUALITY
 All States, big or small have an equal right
to the enjoyment of all their respective  Not all states have equal eligibility with
attributes as members of the family of regard to elective membership of the
nations Security Council
 All members of UN have each one vote in  5 of them must be elected from the
the General Assembly, all votes having African and Asian states and only 1 can
equal weight and are generally eligible for come from the Eastern European State.
positions in the various organs of the UN
 “Par in parem non habet imperium” – Even
the strongest state cannot assume
jurisdiction over another state, no matter CHAPTER 10
how weak etc..
TERRITORY
LEGAL EQUALITY VS. FACTUAL INEQUALITY
TERRITORY – Fixed portion of the surface of the
 Not all states have equal eligibility with earth inhabited by the people of the state.
regard to elective membership of the
 Must be permanent and indicated with
Security Council
precision
 Big enough to provide for the needs of the
population but not be so extensive as to be
12
difficult to administer/defend from external ISLAND OF PALMAS CASE

aggression.
 Discovery alone, without any subsequent
 The Philippines is committed to the act, cannot at the present time suffice to
renunciation of the war for territorial prove sovereignty of Island of Palmas.
aggrandizement but like other states, is not  An inchoate title could not prevail over the
precluded from acquiring additional continuous and peaceful display of
territories through any of the methods authority by another state for such display
permitted under the law of nations. may prevail even over a prior, definitive
title put forward by another state.
ACQUISITION AND LOSS OF TERRITORY
CLIPPERTONE ISLAND CASE
Territory may be acquired by:
 Title was deemed acquired by France over
 Discovery an island it had formally claimed but had
 Occupation never administered. He proclaimed and
 Subjugation declared that the sovereignty of the said
 Prescription island beginning from that date belonged in
 Cession perpetuity to his majesty.
 Accretion  If a territory, by virtue of the fact that it was
completely uninhabited, from the first
Territory may be lost by: moment when the occupying state makes
its appearance there, at the absolute and
 Abandonment undisputed possession of that State, from
 Dereliction that moment the taking of possession is
 Cession considered accomplished and the
 Revolution occupation is formally completed.
 Subjugation
 Prescription DERELICTION – Territory is lost by dereliction when
 Erosion the state exercising sovereignty over it physically
 Natural causes withdraws from it with the intention of abandoning
it altogether.
DISCOVERY AND OCCUPATION
 conditions must concur:
 Original mode of the acquisition by which 1. Acts of withdrawal
territory not belonging to any state is 2. Intention to abandon
placed under the sovereignty of the
discovering state.
 Territory need not be to be uninhabited
provided it can be established that the PRESCRIPTION – Prescription in international law
natives are not sufficient civilized and can requires long continued and adverse possession to
be considered as possessing not rights of vest acquisitive title in the claimant.
sovereignty but only rights of habitation
 Open seas and outer space are not CESSION – Method by which territory is transferred
susceptible to discovery and occupation. from one state to another by agreement between
them. Acquisition of territory by cession is usually
2 REQUISITES OF A VALID DISCOVERY AND effected by such familiar transactions as sale,
OCCUPATION donation, barter or exchange, and even by
testamentary disposition.
1. Possession
2. Administration  Examples are the purchase by the US of
Alaska from Russia in 1867, the gift by
 Possession must be claimed on behalf of Austria of Lombardy to France in 1859
the state. Be effected through a formal
proclamation and the symbolic act of raising SUBJUGATION – Territory is deemed acquired by
the national flag in the territory. subjugation when, having been previously
 Mere possession will not suffice conquered or occupied in the course of war by the
enemy, it is formally annexed to it at the end of that
INCHOATE TITLE OF DISCOVERY war.
 Performs the function of barring other  Conquest alone confers only an inchoate
states from entering the territory until the right on the occupying state; it is the formal
lapse of a period within which the act of annexation that completes the
discovering state may establish as acquisition.
settlement thereon and commence to
administer it. ACCRETION – Mode of acquiring territory based on
the principle of accession cedatprincipali. It is
13
accomplished through both natural or artificial miles from the outer limits of the territorial
processes, as by the gradual and imperceptible sea, and an economic zone or patrimonial
deposit of soil on the coasts of the country through sea extending 200 miles from the low-
the action of the water or, more effectively, by water mark of the coastal state.
reclamation projects like those undertaken in Manila
Bat and the polders of Holland. THE PHILIPPINE TERRITORIAL SEA
COMPONENT OF TERRITORY  The claim of the Philippines to its territorial

sea was based on historic right or title or as
1. Terrestrial domain it often called, the TREATY LIMITS THEORY.
2. Maritime domain  The new Convention on the Law of the Sea
3. Fluvial domain now limits our territorial sea 12 miles from
4. Aerial domain the low water mark of our coasts, as in the
case of other states.
THE TERRESTRIAL DOMAIN
METHODS OF DEFINING THE TERRITORIAL SEA
 Land mass
1. NORMAL BASELINE METHOD – The
THE MARITIME AND FLUVIAL DOMAIN territorial sea is simply drawn from the low-
water mark of the coast, to the breadth
 Bodies of water within the land mass and claimed, following its sinuosities and
the waters adjacent to the coasts of the curvatures but excluding the internal waters
state up to a specified limit. in bays and gulfs.
2. STRAIGHT BASELINE METHOD – Straight
RIVERS MAY BE CLASSIFIED INTO:
lines are made to connect appropriate
1. National Rivers – situated completely in the points on the coast without departing
territory of one state radically from its general direction.
2. Multi-national Rivers – Flow through the
FISHERIES CASE
territories of several states
3. International Rivers – is navigable from the  United Kingdom questioned the use by
open sea and is open to the use of vessels Norway of the straight baseline method
from all states defining its territorial waters.
4. Boundary Rivers – divided the territories of
the riparian states THE AERIAL DOMAIN
THALWEG DOCTRINE – In the absence of a  The airspace above the terrestrial domain
specific agreement between such states, the and the maritime and fluvial domain of the
boundary line is laid on the river. That is, on the state, to an unlimited altitude but not
center, not of the river itself, but of its main including outer space.
channel.
BAYS – Well-marked indentation whose penetration

is in such proportion to the width of its mouth as t CHAPTER 11
contain land-locked waters and constitute more than
a mere curvature of the coast. JURISDICTION
THE TERRITORIAL SEA – Belt of waters adjacent to JURISDICTION – Authority exercised by a state over
the coasts of the state, excluding the internal waters persons and things within or sometimes outside its
in bays and gulfs, over which the state claims territory, subject to certain exceptions.
sovereignty and jurisdiction
JURISDICTION IS CLASSIFIED AS:
THE UN Conference on the Law of the Sea
1. Personal
 3 international conferences have been 2. Territorial
called to formulate a new of the sea.
 The 1st conference was held in 1958 at JURISDICTION MAY BE EXERCISED BY A STATE OVER:
Geneva, Switzerland, and resulted in the
1. Its nationals
adoption of the Convention on the
2. Terrestrial domain
Territorial Sea and the Contiguous Zone,
3. Maritime and fluvial domain
the Convention on the High Seas, and the
4. Continental shelf
Convention on the Fishing and the Living
5. Open seas
Resources of the High Seas, and the
6. Aerial domain
Convention on the Continental Shelf.
7. Outer space
 The new Convention provides among
8. Other territories
others for a uniform breadth of 12 miles for
the territorial sea, a contiguous zone of 12
14
PERSONAL JURISDICTION – Power exercised by a 6. Such other persons or property, including

state over its nationals. Based on theory that a organizations like the UN, by agreement,
national is entitled to the protection of his state waive jurisdiction.
wherever he may be and is (Doctrine of indelible
allegiance) LAND JURSIDICTION
JOYCE VS. DIRECTOR OF PUBLIC PROSECTION  Everything found within the terrestrial
domain of the state is under its jurisdiction.
 Defendant Lord HawHaw, challenged his  Nationals and aliens, including non-
conviction in Great Britain for high treason, residents, are bound by its laws.
contending that he was not a British  The local state has exclusive title to all
subject. It appeared that he had lived in the property within its territory.
country for 18 years and misrepresented
himself as its national for the purpose of MARITIME AND FLUVIAL JURISDICTION
obtaining a British passport that enabled
him to go to Germany where he was  Internal waters of a state are assimilated to
broadcast anti-Allied propaganda. the land mass and subjected to the same
o Although not a British subject, he degree of jurisdiction exercised over the
has by his own act maintained the terrestrial domain.
bond which while he was within  Civil, criminal and administrative jurisdiction
the realm bound him to his is exercised by the flag state over its public
Sovereign vessels wherever they may be, provided
they are not engaged in commerce.
TERRITORIAL JURISDICTION
THE SCHOONER EXCHANGE VS. MCFADDON
Gen. Rule: state has jurisdiction over all persons and
property within its territory  “National ships of war entering the port of a
friendly power open for their reception are
STATE CANNOT EXERCISE JURISDICTION EVEN to be considered as exempted by the
WITHIN ITS OWN TERRITORY OVER: consent of that power from its jurisdiction”
1. Foreign states, heads of states, diplomatic ENGLISH RULE – The coastal state shall have
representatives, and consuls to a certain jurisdiction over all offenses committed on board
degree. such vessels, except only where they do not
2. Foreign state property: embassies, compromise the peace of the port.
consulates, and public vessels engaged in
non-commercial activities FRENCH RULE – Flag state shall have jurisdiction over
3. Acts of state all offenses committed on board such vessels, except
o UNDERHILL VS. HERNANDEZ – only where the compromise the peace of the port.
“Every sovereign state is bound to ANTONI CASE
respect the independence of every
other sovereign state, and the  “Murder of a Frenchman by another
courts of one country will not sit in Frenchman on board a French merchant
judgement on the acts of the vessel in a Mexican port did not disturb the
government of another, done peace of the port.”
within its own territory.”
4. Foreign merchant vessels exercising the WINDENHUS CASE
rights of innocent passage or arrival under
stress.  “The murder of a Belgian by another
o INNOCENT PASSAGE – Navigation Belgian on board a Belgian merchant
through the territorial sea of a steamer in the port of New Jersey was of
state for the purpose of traversing such a nature as “ to disturb tranquillity and
that sea w/o entering internal public order on shore or in the port””
waters etc. as long as it is not
prejudicial to the peace, good  Our own SC has held that the English rule is
order or security of the coastal sea. applicable in this country.
o ARRIVAL UNDER STRESS –
Involuntary entrance may be due  It is the right of the coastal state to enforce
to lack of provisions, all its laws to the full extent in its territorial
unseaworthiness of the vessel, waters.
inclement weather, or other cases
of force majeure, like pursuit by
pirates. U.S.S. PUEBLO INCIDENT – “An American vessel was
5. Foreign armies passing through or stationed seized and its crew interned by North Korea for
in its territories with its permission. alleged infringement of its territorial waters.”
15
ARCHIPELAGIC SEALANES – Waters over which this dispute on the jurisdiction to the Permanent
foreign ships will have the right of passage as if they Court of International Justice (PCIJ).
were open seas. A foreign vessel need not go around
our internal waters but may use these archipelagic HELD: The first principle of the Lotus case said that
sea lanes in negotiating the distance from one point jurisdiction is territorial: A State cannot exercise its
of the open sea to another. jurisdiction outside its territory unless it an
international treaty or customary law permits it to
THE CONTIGUOUS ZONE do so. This is what we called the first Lotus Principle.
 In a zone of the high seas contiguous to its

territorial sea, the coastal state may
exercise the control to: a) prevent A STATE MAY EXERCISE JURISDICTION ON THE OPEN
infringement of its customs, fiscal, SEAS IN THE FOLLOWING INSTANCES:
immigration or sanitary regulations within
its territory or territorial sea. B) Punish 1. Over its vessels
infringement of the above regulations 2. Over pirates
within its territory or territorial sea. 3. In the exercise of the right of visit and
 Contiguous zone ,may not, however, extend search
more than 12 miles from the coast of the 4. Under the doctrine of hot suits
state
AERIAL JURISDICTION
 1982 CONVENTION ON THE LAW OD THE
SEA –Contiguous zone also extends 12  The consensus appears to be that the local
miles, but from the outer limits of the state has jurisdiction over the airspace
territorial sea. above it to an unlimited height, or at the
most up to where outer space begins.
THE CONTINENTAL SHELF
5 AIR FREEDOMS
a) To the seabed and subsoil of similar areas
adjacent to the coasts if islands 1. The freedom to fly across foreign territory
 The coastal state has the sovereign right to without landing
explore the continental shelf and to exploit 2. The freedom to land for non-traffic
its natural resources. purposes
 It may erect on it such installations and 3. The freedom to put down traffic originating
equipment as may be necessary. in the state of the aircraft
4. The freedom to embark traffic destined for
THE PATRIMONIAL SEA
the state of the aircraft
 The exclusive economic zone or the 5. The freedom to embark traffic destined for
patrimonial sea extends 200 nautical miles or to put down traffic originating in a 3 rd
from the coast or the baselines. All living state.
and non-living resources found therein
CONVENTION ON OFFENSES AND CERTAIN OTHER
belong exclusively to the coastal state.
ACTS COMMITTED ON BOARD AIRCRAFT – It is the
OPEN SEAS state of registration of the aircraft that has
jurisdiction over offenses and acts committed on
 Available to the use of all states for board while it is in flight or over the high seas or any
purposes of navigation, flying over them, other area outside the territory of any state
laying submarine cables or fishing. In times
of war, hostilities may be waged on the OUTER SPACE
open seas.
 Outer space, or the region beyond the
THE LOTUS CASE earth’s atmosphere, is not subject to the
jurisdiction of any state.
A collision occurred on the high seas between a  Outer space shall be free for exploration
French vessel – Lotus – and a Turkish vessel – Boz- and use by all states without discrimination
Kourt. The Boz-Kourt sank and killed eight Turkish of any kind.
nationals on board the Turkish vessel. The 10  Astronauts shall be regarded as envoys of
survivors of the Boz-Kourt (including its captain) mankind.
were taken to Turkey on board the Lotus. In Turkey,
the officer on watch of the Lotus (Demons), and the CHAPTER 12
captain of the Turkish ship were charged with
THE RIGHT OF LEGATION
manslaughter. Demons, a French national, was
sentenced to 80 days of imprisonment and a fine. THE EXERCISE OF THE RIGHT OF LEGATION
The French government protested, demanding the
release of Demons or the transfer of his case to the
French Courts. Turkey and France agreed to refer
16
 One of the most effective ways of DIPLOMATIC CORPS – Body consisting of the
facilitating and promoting intercourse different diplomatic representatives who have been
among states. accredited to the same local receiving state. The
 Done through active right of receiving diplomatic corps does not possess any legal powers
them, states are able to deal more directly or attributes.
and closely with each other in the
improvement of the mutual interests. Functions of Diplomatic Missions:
AGENTS OF DIPLOMATIC INTERCOURSE 1. Representing sending state in receiving state
 Diplomatic relations are normally 2. Protecting in receiving state interests of sending

conducted through the head of state, the state and its nationals
foreign secretary or minister and the
members of the diplomatic service. 3. Negotiating with government of receiving state
 Head of state may also appoint special
4. Promoting friendly relations between sending and
diplomatic agents charged with specific
receiving states and developing their economic,
ceremonial or political duties.
cultural and scientific relations
ENVOY CEREMONIAL – Sent to attend state functions
5. Ascertaining by all lawful means conditions and
like a coronation or a jubilee
developments in receiving state and reporting
ENVOY POLITICAL – Commissioned to negotiate with thereon to government of sending state
a particular state or to participate in an international
6. In some cases, representing friendly governments
conference or congress.
at their request
HEAD OF STATE
 Represents the sovereignty of his state

CONDUCT OF DIPLOMATIC MISSION
 He is entitled to certain immunities and
honours befitting his status  The diplomatic agent must exercise the
utmost discretion and tact, taking care
MIGHELL VS. SULTAN OF JOHORE – “Suit was
always to preserve the goodwill of the
brought for breach of a promise to marry allegedly
sending state and to avoid interference with
made by the defendant we had represented himself
its internal affairs.
as a private individual. The action was dismissed
 His mission is also under no circumstance to
when he revealed his real identity as head of an
be used for espionage, the dissemination of
independent state.”
propaganda against the receiving state, or
THE FOREIGN SECRETARY subversion of its government.
 Immediate representative of the head of DIPLOMATIC IMMUNITIES AND PRIVILEGES

state and directly under his control.
 His privileges and immunities are necessary
 He can make binding declarations on behalf
to give the envoy the fullest freedom or
of his state on any matter falling within his
latitude in the exercise of his official
authority
functions.
 The foreign secretary is also the head of the
foreign office and has direction of all PERSONAL INVIOLABILITY
ambassadors and other diplomatic
representatives of his government.  The envoy is regarded as sacrosanct and is
entitled to the special protection of his
DIPLOMATIC ENVOYS person, honor and liberty.
 DIPLOMATIC CONVENTION: “The person of
 To whom the regular or day-to-day conduct
a diplomatic agent shall be inviolable. He
of international affairs is entrusted.
shall not be liable to any form of arrest or
 Who are accredited by the sending state as
detention. The receiving state shall treat
its permanent envoys to represent it in the
him with due respect and shall take all
states with which it is maintaining
appropriate steps to prevent any attack on
diplomatic relations
his person, freedom or dignity”
THE HEADS OF THESE DIPLOMATIC MISSIONS ARE  The envoy cannot complain if he is injured
CLASSIFIED AS FOLLOWS BY THE CONVENTION ON because he himself caused the initial
DIPLOMATIC RELATIONS, WHICH WAS SIGNED AT aggression.
VIENNA IN 1961:  The local authorities may also, in
exceptional cases, lay hands on him if he
1. Ambassadors has committed an act of violence and it is
2. Envoys necessary to place him in preventive
3. Charges d’affaires restraint.
17
sending state, wherever situated, the

mission may employ all appropriate means
IMMUNITY FROM JURISDICTION including diplomatic couriers and messages
in code or cipher.”
 Diplomatic agent shall be immune from the
civil, criminal and administrative jurisdiction EXEMPTION FROM TESTIMONIAL DUTIES
of the receiving state except in a few
specified cases.  “A diplomatic agent is not obliged to give
evidence as a witness”
HE SHALL ALSO ENJOY IMMUNITY FROM ITS CIVIL  He is not prohibited by international law
AND ADMINISTRATIVE JURISDICTION, EXCEPT IN THE from doing so and may waive this privilege
CASE OF: when authorized by his government.
 The Dutch envoy to Washington invoked
a. A real action relating to private immovable this right 1856 when he rejected a request
property situated in the territory of the to testify in connection with a homicide
receiving state, unless he holds it on behalf committed in his presence and for the
of the sending state for the purposes of the prosecution of which his testimony we
mission. necessary.
b. An action relating to succession in which
the diplomatic agent is involved as EXEMPTIONS FROM TAXATION
executor, administrator, heir or legatee as a
private person and not on behalf of the  Also from social security requirements
sending state. under certain conditions.
c. An action relating to any professional or  Personal baggage is also free from
commercial activity exercised by the inspection unless there are serious ground
diplomatic agent in the receiving state
outside his official functions. THE DIPLOMATIC SUITE OR RETINUE
 Immunity from jurisdiction may be waived
expressly by the sending state  Immunities and privileges are available not
only to the head of mission and his family
WHO VS. AQUINO but also to the other members of the
diplomatic retinue, albeit not in the same
Diplomatic immunity is essentially a political degree.
question and courts should refuse to look beyond a
determination by the executive branch of the DURATION
government, and where the plea of diplomatic
immunity is recognized and affirmed by the  Every person entitled to diplomatic
executive branch of the government as in the case at privileges and immunities shall enjoy them
bar, it is then the duty of the courts to accept the from the moment he enters the territory of
claim of immunity upon appropriate suggestion by the receiving state on proceeding to take up
the principal law officer of the government, the his post or, if already there, from the
Solicitor General in this case, or other officer acting moment his appointment is notified to the
under his direction. foreign ministry.
 When his functions have to come to an end,
INVIOLABILITY OF DIPLOMATIC PREMISES his privileges and immunities shall normally
cease from moment he leaves the country
 The premises of the mission shall be or on expiry of a reasonable time in which
inviolable. The agents of the receiving state to do so, but shall subsist until such time
may not enter them except with the even in case of armed conflict.
consent of the head of mission.  In the exercise of his official functions,
immunity shall continue indefinitely as it is
INVIOLABILITY OF ARCHIVES supposed to have attached to him
personally but to the state he was
 The receiving state has no right to pry into representing
the official papers and records of a foreign
diplomatic mission. TERMINATION OF DIPLOMATIC MISSION
 “the archives and documents of the mission
shall be inviolable at any time and wherever  Usual methods of terminating official
they may be” relations: death, resignation, removal,
abolition of the office, etc. these are
INVIOLABILITY OF COMMUNICATION governed by municipal law.
 The more important modes are RECALL and
 “The receiving state shall permit and DISMISSAL
protect free communication on the part of
the mission for all official purposes. In
communicating with the government and
other missions and consulates of the
18
RECALL – May demanded by the receiving state developments therein for report to their home
when the foreign diplomat becomes persona non government
grata to it for any person.
*also perform duties relating to navigation – visiting
DISMISSAL – The offending diplomat is simply asked and inspecting vessels of their own states which may
to leave the country. be in the consular district; exercising a measure of
supervision over such vessels; adjusting matters
 The outbreak of war between the sending pertaining to their internal order and discipline
and receiving states terminates their
diplomatic relations. Immunities and Privileges
 As for the change of the govt., diplomatic *consuls have a right to official communication and
relations are not disturbed if the change is may correspond with their home government or
peaceful but may be suspended where it is other official bodies by any means including cipher
effected by means of violence or code without being subjected to censorship or
unreasonable restraint. However, this right may be
CHAPTER 13
restricted whenever it is exercised to the prejudice
CONSULS
of the receiving state
*CONSULS – state agents residing abroad for various
*Consuls enjoy the inviolability of their archives,
purposes but mainly in the interest of COMMERCE
which may not be examined or seized by the
and NAVIGATION
receiving state under any circumstance, nor may
their production or testimony concerning them be
*Consuls are not charged with the duty of
compelled in official proceedings. But this immunity
representing their states in political matters nor are
does not extend to the consular premises
they accredited to the state where they are
themselves, where the legal process may be served
supposed to discharge their functions
and arrests made without violation of international
law, except only in that part where consular work is
*consuls do not ordinarily enjoy all the traditional
being performed
diplomatic immunities and privileges although they
are to a certain extent entitled to special treatment
*consular offices may even be expropriated for
under the law of nations
purposes of national defense or public utility
Kinds and Grades
*criminal offenses: consuls are exempt from local
*CONSULES MISSI – professional or career consuls
jurisdiction for crimes committed by them in the
who are nationals of the appointing state and are
discharge of their official functions. Other offenses:
required to devote their full time to the discharge of
fully subject to local law and may be arrested,
their consular duties
prosecuted and punished in proper proceedings
*consuls are not prosecuted form minor offenses
*CONSULES ELECTI – may or may not be nationals of
and, when arrested, are given adequate opportunity
the appointing state and perform their consular
to secure their release on bail at the earliest possible
functions only in addition to their regular callings
time
* civil suits: instituted against consuls personal or
Appointment
private capacity but not in matters connected with
Consuls derive their authority from two principal
their official duties
sources:
*consuls are generally exempted from taxation,
*LETTER PATENT / LETTRE DE PROVISION –
custom duties, service in the militia, and social
commission issued by the sending state
security rules and are privileged to display their
*EXEQUATUR – authority given to them by
national flag and insignia in the consulate although
the receiving state to exercise their duties therein
these concessions are considered “non-essential” to
8consuls are public officers not only of the sending
the proper discharge of their official duties
state but of the receiving state as well and are
*these immunities and privileges are also available
governed by the laws of both
to the members of the consular post, their
*states may refuse to receive consuls and to
respective families, and the private staff. Waiver may
withhold the exequatur from them without
in general be made by the sending state.
explanation
Termination of Consular Mission
Functions
*removal, resignation, death, expiration of term
*commerce and navigation
* the exequatur may also be withdrawn by the
*issuance of passports and visas
receiving state, either of the appointing or receiving
*duties of protection of nationals
state may be extinguished or war may break out
between them.
*PRINCIPAL DUTY OF CONSULS: promote the
* in the event of war, the consulate is closed and the
commercial interests of their country in the receiving
archives are sealed and left in the custody of a
state and to observe the commercial trends and
caretaker usually a consul from a neutral state.
19
* the consul from the belligerent state is allowed to *Purpose; enable the contracting states to
depart for his own country as soon as possible and examine the treaty more closely and to give them an
without unnecessary molestation opportunity to refuse to be bound by it should they
find it inimical to their interests
CHAPTER 14 *EXCHANGE OF THE INSTRUMENTS OF
TREATIES RATIFICATION – signifies the effectivity of the treaty
unless a different date has been agreed upon by the
TREATY – formal agreement, usually but not parties
necessarily in writing, which is entered into by states
or entities possessing the treaty-making capacity for Binding Effect of Treaties
the purpose of regulating their mutual relations *A treaty is binding only on the contracting parties,
under the law of nations. including not only the original signatories but also
*an executive agreement is NOT a treaty other states which, although they may not have
participated in the negotiation of the agreement,
Functions of Treaties have been allowed by the terms to sign it later by a
1. Treaties enable parties to settle finally process known as ACCESSION
actual and potential conflicts *Instances when 3rd states may be validly held to the
2. Treaties make possible for the parties to observance of or benefit from the provisions of a
modify the rules of international customary treaty.
law by means of optional principle or * treaty may be merely a formal expression
standards of customary international law which is enforceable
3. They may lead to a transformation of on all civilized states because of their membership in
unorganized international society into one the family of nations
which may be organized on any chosen * for the maintenance of international
level of social integration peace and security
4. They provide the humus for the growth of * parties to apparently unrelated treaties
international customary law may also be linked by the most-favored-nation
clause, under which a contracting state entitled to
Essential Requisites of a Valid Treaty most-favored-nation treatment from the other may
1. Entered into by parties with the treaty- claim the benefits extended by the latter to another
making capacity state in a separate agreement
2. Through their authorized representatives
3. Without the attendance of duress, fraud, Observance of Treaties
mistake, or other vice of consent *Fundamental rules of international law is PACTA
4. On any lawful subject-matter SUNT SERVANDA, which requires the performance in
5. In accordance with their respective good faith of treaty obligations
constitutional processes *parties must comply with their commitments under
a treaty and cannot ignore or modify its provisions
Treaty-making process without the consent of the other signatories
NEGOTIATION, SIGNATURE, RATIFICATION, AND * a treaty engagement is not a mere moral
EXCHANGE OF THE INSTRUMENTS OF RATIFICATION obligation but creates a legally binding obligation
* treaties really limit of restrict the absoluteness of
NEGOTIATION – one of the parties to submit a draft sovereignty. By their voluntary act, nations may
of the proposed treaty which, together with the surrender some aspects of their state powers in
counter-proposals, becomes the basis of the exchange for greater benefits granted by or derived
subsequent negotiations. from a convention or pact
*undertaken directly by the head of the * the sovereignty of a state therefore cannot in fact
state or assigns this task to his authorized and in reality be considered absolute
representatives * restrictions:
*if and when the negotiators finally decide on the 1. limitations imposed by the very nature of
terms of the treaty, the same is opened for membership in the family of nations
SIGNATURE. 2. limitations imposed by treaty stipulations
*signature – means of authenticating the * DOCTRINE OF REBUS SIC STANTIBUS – constitutes
instrument and for the purpose of symbolizing the an attempt to formulate a legal principle which
good faith of the parties; but it does not indicate the would justify non performance of a treaty obligation
final consent of the state if the conditions with relation to which the parties
*the document is ordinarily signed in contracted have changed so materially and so
accordance with the alternat, that is, each of the unexpectedly as to create a situation in which the
several negotiators is allowed to sign first on the exaction of performance would be unreasonable.
copy which he will bring home to his own state *Limitations:
1. applies only to treaties of indefinite
RATIFICATION – formal act by which a state confirms duration
and accepts the provisions of a treaty concluded by
its representatives.
20
2. the vital change must have been * an individual acquires the nationality of the state
unforeseen or unforeseeable and should not have where he is born (jus soli) or the nationality of his
been caused by the party invoking the doctrine parents (jure sanguinis)
3. the doctrine must be invoked within a * NATURALIZATION – process by which a foreigner
reasonable time acquires, voluntarily or by operation of law, the
4. it cannot operate retroactively upon the nationality of another state
provisions of the treaty already executed prior to the *DIRECT NATURALIZATION:
change of circumstances a. by individual proceedings, usually judicial
under general naturalization laws
Treaty Interpretation b. by special act of the legislature
*The basic rule in the interpretation of treaties is to c. by collective change of nationality as a
give effect to the intention of the parties. This should result of cession or subjugation
be discoverable in the terms of the treaty itself d. adoption of orphan minors as nationals
*the usual canons of statutory construction are of the state where they are born
employed in the interpretation of treaties * DERIVATIVE NATURALIZATION:
* read in the light of the whole instrument a. on the wife of the naturalized husband
and especially for the purposes of the treaty b. on the minor children of the naturalized
* words used are given their natural parent
meaning unless a technical sense was intended, and c. on the alien woman upon marriage to a
* when they have different meanings in the national
contracting states, should be interpreted in * on our own laws, an alien woman married to a
accordance with the usage of the state where they Filipino shall acquire his citizenship only if she herself
are supposed to take effect might be lawfully naturalized
* doubts should be resolved against the
imposition of obligations and in favor of the of the Multiple Nationality
freedom and sovereignty of the contracting parties * DOCTRINE OF INDELIBLE ALLEGIANCE – an
* conflicts in treaty interpretations be individual may be compelled to retain his original
resolved only by agreement of the parties nationality notwithstanding that he has already
renounced or forfeited it under the laws of a second
Termination of Treaties state whose nationality he has acquired
1. Expiration of the term * a state may allow any of its nationals to remain as
2. Accomplishment of the purpose such even if he may have acquired another
3. Impossibility of performance nationality as where he is conferred an honorary
4. Loss of the subject-matter citizenship by a foreign government
5. Desistance of the parties
6. Novation Loss of Nationality
7. Extinction of one of the parties if the treaty * voluntary methods – renunciation, express or
is bipartite implied, and request for release, both of which
8. Vital change of the circumstances under the usually precede the acquisition of a new nationality
doctrine of rebus sic stantibus * involuntary methods – forfeiture as a result of
9. Outbreak of war between the parties some disqualification or prohibited act lie enlistment
10. Voidance of the treaty because of defects in in a foreign army or long continued residence in a
its conclusion foreign state, and substitution of one nationality for
another following a change of sovereignty
CHAPTER 15
NATIONALITY AND STATELESSNESS Statelessness
* statelessness is the condition or status of an
* individual is merely an object and not a subject of individual who is born without any nationality or
international law and is thus not directly governed who loses his nationality without retaining or
by its rules acquiring another
* NATIONALITY – tie that binds an individual to his * individual is powerless to assert any right that
state, from which he can claim protection and whose otherwise would be available to him under
laws he is obliged to obey. Nationality is international law.
membership in a political community with all its * Any injury to the individual by a foreign jurisdiction
concomitant rights and obligations is not a violation of his own right but of the right of
* CITIZENSHIP – applies only to certain members of the state to the protection of its nationals; the right
the state accorded more privileges than the rest of to complain belongs not to him but to the state of
the people who also owe it allegiance which he is a national.
* SUBJECT – particular reference to the nationals of
monarchical regimes
CHAPTER 16
Acquisition of naturality
* By BIRTH or By NATURALIZATION TREATMENT OF ALIENS
21
* every state has the right, as inherent in sovereignty * Standard of th reasonable state, that is, as
and essential to its own security and existence, to referring to the ordinary normsof official conduct
determine in what cases and under what conditions observed in civilized jurisdictions.
foreigners may be admitted to its territory
* DOCTRINE OF EQUALITY OF TREATMENT – where
* once it decides to accept them, its competence as the laws of state fall below the international
territorial soveriegn as limited by the requirement standard of justice, it is no defense that they are
that they be treated justly, in accordance with the applicable not inly to aliens but as well, and equally,
law of nations to the nationals of that state. The relations of that
state with ots own nationals are purely municipal;
* the alien canot as a rule claim a preferred position international law is involved in its relations with the
vis-a-vis the national of the state where he is at best nationals of other states.
only a guest
FAILURE OF PROTECTION OR REDRESS
* the foreigner may not enjoy the right to vote, to
run for public office, to exploit natural resources or * state may be held liable if it does not make
to engage in certain businesses regarded as vital to reasonable efforts to prevent injury to the alien or,
the interests of the local state having done so unsuccesfully, fails to repair such
injury.
* the foreigner must accept the institutions of the
local state * degree of diligence required
* state is not an insurerof the life or property of the * responsibility does not immediately attach to the
alien, whe he is within its territory state upon a showing of a failure to prevent or
redress an injury to aliens
* the foreigner is expected to take the customary
precautions for the protection of his own rights and * distinction must be made between direct and
to avail himself of the usual remedies when these inirect state responsibility
rights are violated
a. where the imternational delinquency was
committed by superior government officials or
organs, liability will attach immediately as their acts
THE DOCTRINE OF STATE RESPONSIBILITY may not be effectively prevented or reversed under
the constitution and laws of the state
* instances when an alien can claim a more favored
position than the national of the local state and hold b. where the offense is committed by
the state liable for injuries committed against him inferior government officials or, more so, by private
while within its territory individuals, the state will be held liable only if, by
reason of its indifferencein preventing or pushing it,
* a state may be held responsible for: it can be considered to have conived in effect in its
commission
a. international deliquency
b. directly or indirectly imputable to it

EXHAUSTION OF LOCAL REMEDIES
c. which causes injury to the natonal of
another state * the liability of the state for an international
delinquency, its enforcemnet cannot be claimed by
* liabilty will attach to the state where its treatment
the injured foreigner unless, he first exhausts all
of alien falls below the international standard of
available local remedies for the protection or
justice or wgere it remiss in according him the
vindication of his rights
protection or redress that is warranted by the
circumstances * state must be given an opportunity to do justice in
its own regular way and without unwarranted
* FUNCTION: assure the traveler that when his rights
interference with its sovereignty by other states
are violated in a foreign state, he will not be denied
any remedy simply because he is not one of its * this requirement may be dispensed with, however,
nationals if there are no remedies to exhaust, as where the
laws are intrinsically defective or there is laxity or
* encourage more intercourse among the
arbitrariness in their enforcement or where the
peoples of the world through inter-visitation of their
courts are corrupt or where there is no adeqaute
respective countries
machinery for the administration of justice
* there would be NO remedy available from “acts of

THE INTERNATIONAL STANDARD OF JUSTICE state” which are not subject to judicial review
RESORT TO DIPLOMATIC PROTECTION
22
* if the injured foreigner has exhausted all the local deemed inconsistent with the public welfare and
remedies but without success, he may then avail without any punishment being imposed or
himself of the assistance of his states – but only if he contemplated, either under the laws of the country
has a state. Otherwise, he will have no party to out of which he is sent, or under those of the
represent him, and he by himself, being a mere country to which he is taken
individual, cannot institute his claim in his own
name. * EXCLUSION: denial of entry to an alien
* any injury to an alien is a violation not of his own DEPORTATION EXTRADITION

personal rght but of the right of his state to hacve its
nationals protected but of the right of his state to Unilateral act if the local Effected at the request
have its nationals protected whenever they are in a state of the state of origin
foreign country
Based on causes arising Based on offenses
* where the injured alien is stateless, his case will be in the local state generally committed in
one of DANNUM ABSQUE INJURIA and cannot be the state of origin
subject of diplomatic protection
Undesirable alien may be Calls for the return of
* tie of nationality – required to exist from the time deported to a state other the fugitive to the state
of the injury until the time the international claim is than his own or the state of origin
finally settled. Once the tie is broken, the claim of origin
itselfis deemed automatically abated. If, the injured
national dies while the claim is under consideration
and it should happen that his hers are not nationals
Basis of Extradition
of the claimant state, the claim will lapse
* The extradition of a person is required only if there
ENFORCEMENT OF CLAIM
is a treaty between the state of refuge and the state
* an international claim for damages may be of origin
resolved through negotiation or, if this fails, any of
* in the absence of a treaty – local state has every
the other methods of settling disputes
right to grant asylum to the fugitive and to refuse to
* in the event that the responsibility of the state is deliver him back to the latter state even if he is a
established or acknowledged, the duty to make national
reaparation will arise. Such reparation may take the
form of RESTITUTION or SATISFACTION or
COMPENSATION. Fundamental Principles of Extradtition
AVOIDANCE OF STATE RESPONSIBILITY 1. extradition is based on the consent of the state of
asylum
* to avoid the intervention of the alien's state in
contracts, the local state sometimes incorporates 2. Principle of specialty – a fugitive who is extradited
therein what is known as the CALVO CLAUSE may be tried only for the crime specified in the
request for extradition and included in the list of
* Calvo Clause – stipulation by which the
offenses in the extradition treaty
alien waives or restricts his right to appeal to his own
state in connection with any claim arising from the 3. any person may be extradited
contract and agrees to limit himself to the remedies
available under the laws of the local state. 4. political and religious offenders are generally not
subject to extradition
* calvo clause may be enforced as a lawful
condition of the contract. However, may not be 5. in the absence of a special agreement, the offense
interpreted to deprive the alien's state of the right to must have been committed within the territory or
protect or vindicate his interests in case they are against the interests of the demanding state
injured in another state as such waiver can legally be
made not by him but by his own state 6. Rule of double criminality - the act for which the
extradition is sought must be punishable in both the
EXCLUSION OF ALIENS requesting and requested states
* the state may also avoid liability to aliens by Procedure of Extradition

refusing their admission, but this is not regarded as
sound policy since it would provoke retaliation in * if the surrender of a fugitive is sought, a request
kind and ultimately isolate its nationals from the rest for his extradition is presented through diplomatic
of the international community channels to the state of refuge
* DEPORTATION: the removal of an alien * this request will be accompanied by the necessary
out of the country, simply because his presence is papers relative to the identity of the wanted person
23
and the crime he is alleged to have committed or of 3. Good Offices – method by which a third party
which he has already been convicted attempts to bring the disputing states together in
order to enable them to discuss the issues in
* upon receipt of request, the state of refuge will contention and arrive at an agreement
conduct a judicial investigation to ascertain if the
crime is covered by the extradition treaty and if 4. Mediation – third party does not merely provide
there is a prima facie case against the fugitive the opportunity for the antagonists to negotiate but
according to its own laws also actively participates in their discussions in order
to reconcile their conflicting claims and appease
their feelings of resentment
CHAPTER 17 5. Conciliation – active participation of a third party

in the attempt of the disputants to settle their
SETTLEMENT OF INTERNATIONAL DISPUTES conflict, and the recommendations made by it are
likewise not binding.
6. Arbitration – solution of a dispute by an impartial

* DISPUTE – exists when one state claims that
third party, usually a tribunal created by the parties
another state should have behave in a certain
themselves under a charter known as the
manner and that claim is rejected by the latter
COMPROMIS
* actual disagreement between states
7. Judicial Settlement – the nature of its proceedings
regarding the conduct to be taken by one of them
and the binding character of the decisions but also in
for the protection or vindication of the interests of
the fact that the disputes submitted for adjudication
the other
are legal rather than political
* SITUATION – initial stage of a dispute
* Dispute is LEGAL – involves a justiciable rights

ARBITRATION JUDICIAL SETTLEMENT
based on law or fact susceptible of adjudication by a
judicial or arbitral tribunal.
Arbitral tribunal is an ad Judicial tribunal is a pre-
* Dispute is POLITICAL – if it cannot be decided by hoc body created and existing and permanent
legal processes on the basis of the substantive rules filled by the parties to body
of international law because the differences of the the dispute themselves
parties spring from animosities in their mutual
Submission to arbitration Jurisdiction - compulsary
attitudes rather than from an antagonism of legal
is voluntary
rights
Arbitration proceedings - The law applied by the
* the solution to such a disputes lies not in the
limited tribunal in judicial
councils of the courts but in the corridors of
settlement is
diplomacy
independent of the will
Methods of settling disputes of the parties
*disputes are required to be settled, conformably to

one of the basic principle of the UN, “by peaceful
* the jurisdiction of the court is not compulsory but
means in such a manner that international peace
dependent on the agreement of the parties to
and security, and justice are not endangered
submit to and be bound by its decisions. Such
Amicable Methods consent may be manifested in a treaty containing
what is called the “compromissary clause”
1. Negotiation – generally the first step taken in the
settlement of an international dispute is the 8. ACTION BY REGIONAL ORGANIZATIONS – resorted
discussion undertaken by the parties themselves of to by the parties at their own volition or taken by the
their respective claims and counterclaims with a body itself at its own instance if allowed by
view to their just and orderly adjustment. agreement of the members
* where the talks prosper and agreement is Hostile Methods

reached, it is usually formalized in a treaty or more
1. INTERVENTION
directly effected through the rectification of the
injury caused to the claimant state 2. RETORSIONS – retaliation where the acts
complained of do not constitute a legal ground of
2. Inquiry – investigation of the points in question,
offense but are rather in the nature of unfriendly
on the theory that their education will contribute to
acts but indirectly hurtful to other states
the solution of the differences between the parties.
24
3. REPRISALS – act of self-help on the part of the WAR

injured state, responding after an unsatisfied
demand to act contrary to international law on the *WAR – armed contention between the public forces
part of the offending state of states or other belligerent communities, implying
the employment of violence among the parties as a
*they aim to impose on the offending state means of enforcing their respective demands upon
reparation for the offense or the return to legality in each other.
avoidance of new offenses
* War may exist even without the use of force
*Common forms of reprisals
1. display of force
Outlawry of war
2. occupation of territory
* war was originally accepted as a legitimate means
3. pacific blockade of a compulsion, that it was a reaction to an
international delict
* in only 2 instances is the use of force allowed:

The United Nations
1. exercise of the inherent right of self-
* United nations may be asked or may decide on its defense
own authority to take a hand in its settlement.
2. enforcement action
* the security council shall have the jurisdiction to
intervene in;
a. all disputes affecting international peace How are the agreements enforced?
and security
*the commonly accepted sanctions are:
b. all disputes which, have been submitted
to it by the parties for settlement a. protest lodged by one belligerent, usually
accompanied or followed by an appeal
* such disputes may be brought to it by:
b reparation for damages is cause by the defeated
a. the security council, on its own motion belligerent
b. the general assembly c. punishment of war criminals
c. any member of the united nations
d. the secretary general Commencement of war
e. any party to the dispute, provided that in * War is supposed to commence on the date
the case of non-members of the UN, they should specified in the declaration or on the date it is
accept in advance, for the purposes of the dispute, communicated to the enemy
the obligations of pacific settlement under the
Charter * formality is often not observed as evidenced by the
number of wars that have broken out without the
The Security Council may recommend appropriate “previous and explicit warning” required
measures or methods of adjustment, taking into
consideration: * commence from the moment of the first act of
force committed by one state with the intent of
a. Any amicable measures already making war or committed without such intent but
adopted by the parties considered by the other state as constituting war
b. That legal disputes should as a rule be
referred to the International Court of
Justice
*Where the terms of settlement are rejected by the Effects of the Outbreak of War
parties, the Security Council is empowered to take
1. the laws of peace cease to regulate the relations
more drastic steps
of the belligerent and are superseded by the laws of
a. PREVENTIVE ACTION – it may adopt such war
measures not involving the use of armed force
2. diplomatic and consular relations between the
b. ENFORCEMENT ACTION belligerents are terminated and their respective
representatives are allowed to return to their own
CHAPTER 18 countries
25
3. treaties of a political nature are automatically Conduct of Hostilities

cancelled, but those which are precisely intended to
operate during war are activated * three basic principles underlie the rule of warfare
4. individuals are impressed with enemy character 1. principle of military necessity – employ
any amount and kind of force to compel the
a. nationality test – if they are nationals of complete submission of the enemy with the least
the other belligerent wherever they may be possible loss of lives, time and money
b. domiciliary test – if they are domiciled 2. principle of humanity – use of any

aliens in the territory of the other belligerent, on the measure that is not absolutely necessary for the
assumption that they contribute to its economic purposes of war
resources
3. principle of chivalry – those that require
c. activities test – if being foreigners they the belligerents to give proper warning before
are nevertheless participate in the hostilities in launching a bombardment or prohibit the use of
favour of the other belligerent perfidy in the conduct of the hostilities
*corporations and other juridical persons are * an individual can only be considered a spy if, acting
regarded as enemies if a majority or a substantial clandestinely or under false pretenses, he obtains or
portion of their capital stock is in the hands of seeks to obtain information in the zone of
enemy national or if they have incorporated in the operations if a belligerent
territory or under the laws of the other belligerent
*spies are subject to the municipal law of the other
5. enemy public property found in the territory of belligerent
the other belligerent at the outbreak of hostilities is
subject to confiscation * a spy taken in the act cannot be punished without
previous trial
Combatants and non-combatants

Kinds of Warfare
*Combatants – those who engage directly in the
hostilities; may lawfully wage war and are thus * warfare may be waged on LAND or SEA or in the
subject to direct attack from the enemy AIR, separately or simultaneously
*Non-Combatants – those who do not engage * most of the rules on aerial warfare have become
directly in the hostilities; should not be subjected to obsolete and need to be revised to make them
attack as they are not supposed to participate in the conform to present realities
actual fighting
* as for naval warfare, the most serious difficulties
* The following are regarded as combatants: lie in the disagreement among states as to whether
armed merchant vessels are subject to direct attack
1. members of the armed forces
*one important rule is that booty or
2. irregular forces personal property found in the battlefield is subject
to confiscation by the belligerent occupation except
a. they are commanded by a person only the personal belongings of the individual
responsible for his subordinates combatants which have no military value.
b. they wear a fixed and distinctive sign THEATRE OF WAR: place where the hostilities are
recognizable at a distance actually conducted
c. they carry arms openly REGION OF WAR: greater area where the
belligerents may lawfully engage each other
d. they conduct their operations in
accordance with laws and customs of war
3. levee en masse – the inhabitants of unoccupied Belligerent Occupation

territory who, on the approach of the enemy,
spontaneously take arms to resist the invading * territory is deemed occupied when it is actually
troops without having had time to organize placed under the authority of the hostile army, but
themselves this occupation is limited only to the area where
such authority has been established and can be
4. officers and crew of merchant vessels who forcibly effectively exercised. It is not necessary that every
resist attack square foot of the territory in question be actually
occupied
26
* Belligerent occupation does not result in transfer not legally do under the law of nations, as well as
or suspension of the sovereignty of the legitimate lawful acts of a political complexion, are invalidated
government although it may at the moment be
unable to exercise it. The belligerent occupant
cannot perform such acts as declaring the
independence of the occupied territory or requiring Non-Hostile Intercourse
its inhabitants to renounce their allegiance to the
FLAG OF TRUCE – white flag carried by an individual
lawful government
authorized by one belligerent to enter into
* the belligerent is required to restore and ensure communication with the other
public order and safety while respecting, unless
CARTELS – agreements to regulate intercourse
absolutely prevented, the laws in force in the
during war on matters as postal and telegraphic
country.
communication
* the belligerent occupant may promulgate new
PASSPORT – written permission given by the
laws, non-political as well as political, provided they
belligerent government or its authorized agent
do not contravene the general accepted principles of
subjects of the enemy state to travel generally in
international law. The political laws are
belligerent territory
automatically abrogated upon the end of the
occupation but the non-political laws may continue SAFE-CONDUCT – pass given to an enemy subject or
even beyond the occupation unless they are to an enemy vessel allowing passage between
expressly repealed or modified by the legitimate defined points
government
SAFEGUARD – protection granted by a commanding
* it is permitted for the belligerent occupant to officer either to enemy persons or property within
introduce military currency, provided the purpose is his command
not to debase the country’s economy
LICENSE OF TRADE – permission given by the
* private property cannot be confiscated, but those competent authority to individuals to carry on trade
susceptible of military use may be seized, subject to even though there is a state of war
restoration or compensation when peace is made
* the property of municipalities and of institutions

dedicated to religion, charity and education, and the Suspension of Hostilities
arts and sciences, even when state owned, shall be
treated as private property and their destruction is * SUSPENSION OF ARMS – temporary cessation of
expressly forbidden the hostilities by arrangement of the local
commanders for such purposes as the gathering of
* the army of occupation can only take possession of the wounded and the burial of the dead.
cash, funds and realizable securities which are
strictly the property of the state, depots of arms, * ARMISTICE – suspension of all hostilities within a
means of transport, stores and supplies, and certain area or in the entire region of war agreed
generally movable property belonging to the state upon by the belligerent governments usually for the
which may be used for military operations purpose of arranging the terms of the peace
*the occupying state shall be regarded only as ARMISTICE SUSPENSION OF ARMS

administrator and usufructuary of public buildings,
real estate, forest, agricultural estates belonging to Purpose: political Purpose: military
the hostile state and situated in the occupied
territory May be concluded by the May be agreed upon by
commanders-in-chief the local commanders
Usually in writing May be oral

Postliminium
* persons or things taken by the enemy are restored

to the former state on coming actually into the * CEASEFIRE – unconditional stoppage of hostilities
power of the nation to which they belong by order of an international body
* JUS POSTLIMINIUM – reinstatement of the * TRUCE – regarded as ceasefire with conditions

authority of the displaced government once control attached
of the enemy is lost over the territory affected
* CAPITULATION – surrender of military forces,
* upon the end of a belligerent occupation, the laws places or districts in accordance with the rules of
of the re-established government are revived and all military honor
acts taken by the belligerent occupant which it could
27
Termination of war neutralization are agreed upon by the neutralized

state and other powers
1. cessation of hostilities
* this agreement governs the conduct of
2. conclusion of a negotiated treaty of peace signatories
3. defeat of one of the belligerents followed by a * intended to operate in time of peace as

dictated treaty of peace well as in time of war
* Principle of utipossidetis – property or territory in *Only states may become neutral but portions of
the possession of the respective belligerents upon states may be neutralized
the termination of the war is retained by them
* Status quo ante – calls for the complete

restoration to their former owners of property or Laws of Neutrality
territory that may have changed hands during the
hostilities, with the exception only of prize and booty a. Relations of the belligerent states with the
neutral state
* war is supposed to end with the re-establishment b. Relations of the belligerent states with the
of peace but the precise date is not easily fixed in nationals of the neutral state
view of the different methods of terminating the
state of hostilities
Relations of belligerent States and Neutral States
* a neutral state has the right and duty to abstain

Aftermath of War from taking part in the hostilities and from giving
assistance to either belligerent; prevent its territory
*one of the inevitable consequences of war s the and other resources from being used in the conduct
implied judgment, right or wrong, that the of hostilities by the belligerents, and to acquiesce in
vanquished belligerent is the guilty party in the certain restrictions and limitations that the
dispute that caused the hostilities. belligerent may find necessary to impose, especially
in connection with international commerce
* treaty of peace imposed by the victor upon the
defeated state is regarded as a punishment as is * belligerents are bound to respect the status of the
sustained on the ground although marked by the neutral state
vice of duress that normally would invalidate other
agreements
*nationals of the vanquished state may be protected Use of Neutral Territories

and punished as war criminals and for other
violations of international law. They may not escape * neutral territory is inviolable and cannot be used
responsibility on the ground that they were merely by the belligerents for the movement of troops and
acting on orders of their state the undertaking of military operations in general
* use of neutral territory is not completely barred to

the belligerents (example: passage of sick and
CHAPTER 19 wounded troops)
NEUTRALITY * neutral state may give refuge to troops from the

belligerent forces
* A state is said to be neutral if it does not take part,
directly or indirectly, in a war between other states. * escaped prisoners of war need not be detained by
the neutral state but must be assigned a place of
residence if they are allowed to remain
Neutrality and Neutralization *warships may not enter neutral ports, roadsteads
and harbours except only in cases of
* neutrality – dependent solely on the attitude of the unseaworthiness. The usual duration of the sojourn
neutral state, which is free to join any of the is 24 hours but this may be shortened or extended,
belligerents any time it sees fit depending on the reason for the entry. Thus, the
vessel must leave as soon as it has been re-
* governed by the law of nations
provisioned
*obtains only during war
*General rule: repairs in their territory of damage
* neutralization – result of a treaty wherein the sustained by a warship in battle – permitted so long
duration and the other conditions of the as they are not intended to increase the fighting
force of the vessel.
28
*not more than 3 vessels from any belligerent shall * the cargo of these vessels may also be captured
be allowed simultaneously in the same neutral port under certain conditions, as when they are
or waters contraband
* territorial waters of a neutral state must never be *Prize is not confiscated summarily but must be
used as asylum for belligerent vessels under pursuit brought to a prize court for adjudication
or attack by the enemy
*PRIZE COURT – is a tribunal established by
* passage of military aircraft belonging to the a belligerent under its own laws, and applies rules of
belligerents is not allowed across the airspace of a international law in the absence of special municipal
neutral state. legislation.
*where a belligerent aircraft is forced to land on Contraband

neutral territory, the same should be detained and
its officers and crew interned * contraband – term applied to goods which,
although neutral property, may be seized by a
belligerent because they are useful for war and are
bound for a hostile destination
Use of Neutral Facilities and Services
* ABSOLUTE CONTRABAND – necessarily useful for
* it is prohibited from giving belligerents any form of war under all circumstances
direct assistance in connection with the conduct of
hostilities. * subject to seizure so long as they are
bound for enemy or enemy-held territory
* neutral state may not send military contingents,
extend loans or even sell for valuable consideration, * CONDITIONAL CONTRABAND – both civilian and
supplies of war to either or both of the belligerents military purposes
* neutral state is not obliged to prevent the export *may be seized only when it can be shown
from or transit through its territory of war supplies that they are destined for the armed forces or the
purchased from private traders by the belligerents in authorities of the belligerent government
the ordinary course of commerce, it is required to
take reasonable diligence in preventing the delivery * FREE LIST – includes goods useful for war and
of vessels constructed and armed in its territory for bound for the belligerents but exempted from the
use by any of the belligerents law on contraband for humanitarian reasons
Relations of Belligerent States with Nationals of * DOCTRINE OF ULTIMATE CONSUMPTION – goods

Neutral states intended for civilian use which may ultimately find
their way to and be consumed by the belligerent
* neutral states enact legislation to avoid their forces are also liable to seizure
involvement in foreign wars as a results of the acts
of their nationals * contraband are subject to condemnation
* neutral states are free to allow their nationals to * DOCTRINE OF INFECTION – if they are shipped
deal, in their private capacity, with any of the together with innocent goods belonging to the same
belligerents owner; the latter may also be confiscated
* international law considers the relationship as * contraband are liable to capture from the time
strictly between the individual and the belligerent they leave the port in which they are loaded and
states and whatever hardships may be suffered by until they reach their final hostile destination
its nationals as a result thereof must, as a rule, be
acquiesced in by the neutral state * DOCTRINE OF ULTIMATE DESTINATION – liability of
the contraband to capture is determined not by their
ostensible but by their real destination
Visit and Search * even if the vessel intends to stop at an

intermediate neutral port, it will still be considered
* belligerent warships and aircraft have the right to as in one continuous voyage provided it can be
visit and search neutral merchant vessels on the high shown that its cargo will ultimately be delivered to a
seas for the purpose of determining whether they hostile destination
are in any way connected with the hostilities
* DOCTRINE OF CONTINUOUS VOYAGE – when the
* the vessels may be captured as prize if they are goods are reloaded at the intermediate port on the
engaged in hostile activities, if they resist to visit and same vessel
search, or if there is reasonable suspicion that they
are liable to confiscation
29
* DOCTRINE OF CONTINUOUS TRANSPORT – when 1. takes a direct part in the hostilities

they are reloaded on another vessel or other form of
transportation 2. if it is under the orders or control of an agent
placed on board by the enemy government
Blockade
3. chartered entirely by the enemy government
*Blockade – hostile operation by means of which the
vessels and aircraft of one belligerent prevent all 4. if it is at the same time and exclusively either
other vessels, including those of neutral states, from devoted to the transport if enemy troops or the
entering or leaving the ports or coasts of other transmission of information
belligerent, the purpose being to shut off the place
from international commerce and communication
with other states
Angary
*Pacific blockade – applies only to the vessels of
* by the right of angary – a belligerent may, upon
blockaded state and does not affect the vessels of
payment of just compensation, seize, use or destroy,
other states
in case of urgent necessity for purposes of offenses
*Requisites of blockade: or defense, neutral property found in its territory, in
enemy territory, or on the high seas
a. binding – duly communicated to the neutral states
* THREE REQUISITES
b. effective – it is maintained by adequate force so as
to make ingress to or egress from the port 1. that the property is under the control or
dangerous jurisdiction of the belligerent
c. established by the proper authorities of the 2. thet there is urgent necessity for the taking
belligerent government
3. that just compensation is paid to the owner
d. limited only to the territory of the enemy and not
Termination of Neutrality
extended to neutral places or international rivers
1. when the neutral state joins the war
e. impartially applied to all states alike
* neutral state will be governed by the laws
* the liability of a neutral vessel to capture for
of war in its relations with the other belligerents and
breach of blockade is contingent on its knowledge,
by the laws of neutrality in its relations with all other
actual or presumptive of the blockade and continues
states
as long as it is pursued by the ships of the blockading
force after it has left or tried to enter the blockaded 2. upon conclusion of peace
port
*all states will again be governed by the
laws of peace
Unneutral Service
* consists of acts, of a more hostile character than

carriage of contraband or breach of blockade, which
are undertaken by merchant vessels of a neutral
state in aid of any of the belligerents
* a neutral vessel is liable to condemnation for

unneutral service:
1. if it is making a voyage special with a view to the

transport of individual passengers who are
embodied in the armed forces of the enemy or with
a view to the transmission of information in the
interest of the enemy; OR
2. if with the knowledge of the owner, or the one

who charters the entire vessel, it is transporting
military detachment of enemy or one or more
persons who, during the voyage, lend direct
assistance to the operations of the enemy
* a neutral vessel is also liable to condemnation and

to be treated as a merchant vessel of the enemy:
30

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PUBLIC INTERNATIONAL LAW (CRUZ) |2014

BETIA| MENOR |REAMICO

PUBLIC INTERNATIONAL LAW relations of relations inter se of

1. Naturalist school of thought- there is a DISTINCTION WITH OHERS CONCEPTS

between those rendered by CLASSIFICATION OF STATES

No provision on withdrawal from membership was - 10 elective members

- Abstention or absence of any permanent o Accept petitions and examine

o His duty is to bring to the attention SUCCESSION OF STATES

- By extinction or emigration en masse of its

predecessor government but not 2. To accept the new government as having

- held irrevocable and imports the

 Once a state comes into being. It is invested

 Example of Regional Agency: Organization 2 ASPECTS

difficult to administer/defend from external ISLAND OF PALMAS CASE

COMPONENT OF TERRITORY  The claim of the Philippines to its territorial

BAYS – Well-marked indentation whose penetration

PERSONAL JURISDICTION – Power exercised by a 6. Such other persons or property, including

 In a zone of the high seas contiguous to its

AGENTS OF DIPLOMATIC INTERCOURSE 1. Representing sending state in receiving state

 Diplomatic relations are normally 2. Protecting in receiving state interests of sending

 Represents the sovereignty of his state

 Immediate representative of the head of DIPLOMATIC IMMUNITIES AND PRIVILEGES

sending state, wherever situated, the

b. directly or indirectly imputable to it

* there would be NO remedy available from “acts of

RESORT TO DIPLOMATIC PROTECTION

* any injury to an alien is a violation not of his own DEPORTATION EXTRADITION

* the state may also avoid liability to aliens by Procedure of Extradition

CHAPTER 17 5. Conciliation – active participation of a third party

6. Arbitration – solution of a dispute by an impartial

* Dispute is LEGAL – involves a justiciable rights

*disputes are required to be settled, conformably to

* where the talks prosper and agreement is Hostile Methods

3. REPRISALS – act of self-help on the part of the WAR

* in only 2 instances is the use of force allowed:

b. the general assembly c. punishment of war criminals

c. any member of the united nations

d. the secretary general Commencement of war

3. treaties of a political nature are automatically Conduct of Hostilities

b. domiciliary test – if they are domiciled 2. principle of humanity – use of any

Combatants and non-combatants

3. levee en masse – the inhabitants of unoccupied Belligerent Occupation

* the property of municipalities and of institutions

*the occupying state shall be regarded only as ARMISTICE SUSPENSION OF ARMS

Usually in writing May be oral

* persons or things taken by the enemy are restored

* JUS POSTLIMINIUM – reinstatement of the * TRUCE – regarded as ceasefire with conditions

Termination of war neutralization are agreed upon by the neutralized

3. defeat of one of the belligerents followed by a * intended to operate in time of peace as

* Status quo ante – calls for the complete

* a neutral state has the right and duty to abstain

*nationals of the vanquished state may be protected Use of Neutral Territories

* use of neutral territory is not completely barred to

NEUTRALITY * neutral state may give refuge to troops from the

*where a belligerent aircraft is forced to land on Contraband

Relations of Belligerent States with Nationals of * DOCTRINE OF ULTIMATE CONSUMPTION – goods

Visit and Search * even if the vessel intends to stop at an

* DOCTRINE OF CONTINUOUS TRANSPORT – when 1. takes a direct part in the hostilities

* consists of acts, of a more hostile character than

* a neutral vessel is liable to condemnation for

1. if it is making a voyage special with a view to the

2. if with the knowledge of the owner, or the one

* a neutral vessel is also liable to condemnation and