DEFINITION OF Public International Law It is the body of rules and principles that are recognized as legally binding and

which govern the relations of states and other entities invested with international legal personality. Pacta sunt servanda, sovereign equality among states, principal of state immunity; right of states to self-defense. Doctrine of Incorporation -Rules of international law form part of the law of the land and no further legislative action is needed to make such rules applicable in the domestic sphere. Doctrine of Transformation Legislative action is required to make the treaty enforceable in the municipal sphere. As a general rule, international law has as its subjects states and obliges only immediately, it exceptionally applies to individuals because it is to man that the norms of international law apply, it is to man whom they restrain, it is to man who, international law thrusts the responsibilities of law and order. Art. 51 says, however, that there must first be anarmed attack before a state can exercise its inherent right of selfdefense, and only until the Security Council, to which the aggression should be reported, shall have taken the necessary measures to maintain international peace and security. A: An armed attack is not a requirement for the exercise of the right of self-defense. However, the attack of State B on State C cannot be justified as an act of self-defense under Art. 51 of the UN Charter considering that the danger perceived by State B was not imminent. State B ought to have exhausted peaceful and pacific methods of settlements instead of resorting to the use of force, RIGHTS OF SOVEREIGNTY AND INDEPENDENCE Intervention It is the dictatorial interference by a State in the internal affairs of another State, or in the relations between other States, which is either forcible or backed by the threat of force. Intercession is allowed Diplomatic Protest, Tender of Advice When Use of Force is Allowed under the UN Charter By UNSC Resolution Arts. 41 and 42 Art. 41 The SC may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the UN to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations. A: The declaratory theory of recognition is a theory according to which recognition of a state is merely an acknowledgment of the fact of its existence. In other words, the recognized state already exists and can exist even without such recognition. For example, when other countries recognize Bangladesh, Bangladesh already existed as a state even without such recognition. The constitutive theory is the minority view which holds that recognition is the last element that converts or constitutes the entity being recognized into an international person; while the declaratory theory is the majority view that recognition affirms the pre-existing fact that the entity being recognized already possesses the status of an international person. In the former recognition is regarded as mandatory and legal and may be demanded as a matter of right by any entity that can establish its possession of the four essential elements of a state; while the latter recognition is highly political and discretionary. Recognition of state carries with it the recognition of government since the former implies that a state recognized has all the essential requisites of a state at he time recognition is extended. (2) Once recognition of state is accorded, it is generally irrevocable. Recognition of government, on the other hand, may be withheld from a succeeding government brought about by violent or unconstitutional means. Recognition De Jure Given to a government that satisfies both the objective and subjective criteria Recognition De Facto Given to governments that have not fully satisfied objective and subjective criteria Recognition of belligerency is the formal acknowledgment by a third party of the existence of a state of war between the central government and a portion of that state. Belligerency exists when a sizable portion of the territory of a state is under the effective control of an insurgent community which is seeking to establish a separate government and the insurgents are in de facto control of a portion of the territory and population, have a political organization, and are able to maintain such control and conduct themselves according to the laws of war. For example, Great Britain recognized a state of belligerency in the United States during the Civil War. Territory the fixed and permanent portion on the earths surface inhabited by the people of the state and over which it has supreme authority consists of the portion of the surface of the globe on which that State settles and over which it has supreme authority an exercise of sovereignty, covering not only land, but also the atmosphere as well. Cession a derivative mode of acquisition by which territory belonging to 1 State is transferred to the sovereignty of another State in accordance with an agreement between them Accretion the increase in the land area of a State caused by the operation of the forces of nature, or artificially, through human labor When is passage innocent? A: When it is not prejudicial to the peace, good order, or security of the coastal State
Innocent passage means the right of continuous and expeditious navigation of a foreign ship through the territorial sea of a State for the purpose of traversing that sea without entering the internal waters or calling at a roadstead or port facility outside internal water or proceeding to or from internal waters or a call at such roadstead or port facility. The passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State.

Territorial water is defined by historic right or treaty limits while internal water is defined by the archipelago doctrine. The territorial waters, as defined in the Convention on the Law of the Sea, has a uniform breadth of 12 miles measured from the lower water mark of the coast; while the outermost points of our archipelago which are connected with baselines and all waters comprised therein are regarded as internal waters. Rights of Land-locked States Right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the EEZ of the coastal States of the same sub-region or region The contiguous zone is the area that is known as the protective jurisdiction and starts from 12th nautical mile from low water mark (baseline), while the EEZ is the area, which ends at the 200th nautical mile from the baseline. In the latter, no state really has exclusive ownership of it but the state, which has a valid claim on it according to the UN Convention on the Law of the Seas agreement, has the right to explore and exploit its natural resources. The archipelagic doctrine emphasizes the unity of land and waters by defining an archipelago either as a group of islands surrounded by waters or a body of water with studded with islands. For this purpose, it requires that connecting the appropriate points of the outermost islands to encircle the islands within the archipelago draw baselines. The waters on the landward side of the baselines regardless of breadth, or dimensions are merely internal waters. Doctrine of Hot Pursuit The pursuit of a foreign vessel undertaken by the coastal State, which has good reason to believe that the ship has violated the laws and regulations of that State. The principle that vessels on the high seas are subject to no authority except that the flag State whose flag they fly was thus affirmed. General Rule: vessels sailing on the high seas are subject only to international law and the laws of the flag state. Flag State the State whose nationality (ships registration) the ship possesses, for it is nationality, which gives the right to fly a countrys flag. Exterritoriality exception of persons and property from local jurisdiction on basis of international customs, extraterritoriality used to denote the status of a person or things physically present on a States territory, but wholly or partly withdrawn from the States jurisdiction by a rule of international law. A crime was committed in a private vessel registered in Japan by a Filipino against an Englishman while the vessel is anchored in a port of State A. Under both the English and French rules, the crime will be tried by the local state A, if serious enough as to compromise the peace of its port; otherwise by the flag state, Japan if it involves only the members of the crew and is of such a petty nature as not to disturb the peace of the local state. Nationality Principle a State may punish offenses committed by its nationals anywhere in the world. Protective Principle States claim extraterritorial criminal jurisdiction to punish crimes committed abroad which are prejudicial to their national security or vital interests, even where non-nationals perpetrate the offenses. Protective Personality Principle is the principle on which the State exercise jurisdiction over the acts of an alien even if committed outside its territory, if such acts are adverse to the interest of the national state. Universality Principle A State has extraterritorial jurisdiction over all crimes regardless of where they are committed or who committed them, whether nationals or non-nationals. This is, however, generally considered as forbidden. = Hijacking is actually piracy, as robbery or forcible depredation in the high seas without lawful authority and done animo furandi and in the spirit and intention of universal hostility. DOCTRINE OF SOVEREIGN IMMUNITY Under this doctrine, a state enjoys immunity from the exercise of jurisdiction by another state. The courts of one state may not assume jurisdiction over another state. An act of state doctrine is an act done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him. An act of State cannot be questioned or made the subject of legal proceedings in court of law. Courts cannot pass judgment on acts of State done within its territorial jurisdiction. It is different from Sovereign Immunity from Suit. Here, you cannot sue a sovereign State in the courts of another State. THE RIGHT OF LEGATION It is the right to send and receive diplomatic missions. It is strictly not a right since no State can be compelled to enter into diplomatic relations with another State. Diplomatic relations is established by mutual consent between two States. Doctrine of Reciprocity If the requesting state is shown to be willing to surrender its own nationals for trial by the courts of another country, the detaining state must also surrender its own citizens for trial.