Public International Law Finals Memory Aid
SANCHEZ, Severino Miguel B.
Traditional Definition
International Law
Modern Definition
International Law
Sources of International Law
ICJ Statute, art. 38(1)
Definition of Custom
Third Restatement
Elements of Custom
Martens Clause
Definition of Treaty
VCLT, art. 2
Pacta Sunt Servanda
VCLT, art. 26
Jus Cogens
VCLT, art. 53
Incorporation Doctrine
Philippine Law: GAPIL
PHIL. CONST. art. II, 2
Transformation Doctrine
Philippine Law: Treaties
PHIL. CONST. art. VII, 21
Qualifications of a State
Montevideo Convention, art. 1
Examples of Subjects of [1] States, [2] International Organizations, [3] Corporations, [4] Insurgents, [5]
International Law
Modes of Acquistion
Territory
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I. WHAT IS INTERNATIONAL LAW?
of International Law is a body of rules and principles of action which are binding upon
civilized states in their relations to one another.
International Law is the law which deals with the conduct of states and of
of
international organizations and with their relations inter se, as well as with some of
their relations with persons, whether natural or juridical.
II. SOURCES OF INTERNATIONAL LAW
1. The Court, whose function is to decide in accordance with international law such
disputes as are submitted to it, shall apply:
a. International conventions, whether general or particular, establishing rules
expressly recognized by the contesting states;
b. International custom, as evidence of a general practice accepted as law;
c. The general principles of law recognized by civilized nations;
d. Subject to the provisions of Article 59, judicial decisions and the teachings of the
most highly qualified publicists of the various nations, as subsidiary means for the
determination of rules of law.
A general and consistent practice of states followed by them from a sense of legal
obligation.
[1] State Practice (Duration, Consistency, and Generality), and [2] Opinio Juris
Until a more complete code of laws of war has been issued, the High Contracting
parties deem it expedient to declare that, in cases not included in the Regulations
adopted by them, the inhabitants and belligerents remain under the protection and
the rule of the principles of the law of nations as they result from the usages
established among civilized peoples, from the laws of humanity, and the dictates of
the public conscience.
III. TREATIES
Treaty means an international agreement concluded between States, in written
form, and governed by international law, whether embodied in a single instrument or
in two or more related instruments, and whatever its particular designation.
Every treaty in force is binding upon the parties to it and must be performed by them
in good faith.
A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of
general international law A peremptory norm of general international law is a norm
accepted and recognized by the international community of States as a whole as a
norm from which no derogation is permitted and which can be modified only by a
subsequent norm of general international law having the same character.
IV. MUNICIPAL LAW AND INTERNATIONAL LAW
in
The Philippinesxxx adopts the generally accepted principles of international law
as part of the law of the land.
in
No treaty or international agreement shall be valid and effective unless concurred in
by at least two-thirds of all the Members of the Senate.
V. SUBJECTS OF INTERNATIONAL LAW
The state as a person of international law should possess the following qualifications:
a) a permanent population; b) a defined territory; c) government; and d) capacity to
enter into relations with the other states.
Liberation Movements, and [6] Individuals
VII. TERRITORY LAND, AIR, AND OUTER SPACE
of [1] Discovery and Occupation, [2] Prescription, [3] Cession, [4] Conquest and
Subjugation, and [5] Accretion
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SANCHEZ, Severino Miguel B.
National Territory
PHIL. CONST. art. I
Sovereignty of a Coastal State
UNCLOS, art. 2(1)
Archipelagic State
UNCLOS, art. 46(a)
Archipelago
UNCLOS, art. 46(b)
Internal Waters
UNCLOS, art. 8
Normal Baselines
UNCLOS, art. 5
Straight Baselines
UNCLOs, art. 7
Archipelagic Baselines
UNCLOS, art. 47
Bays
UNCLOS, art. 10(2)
Innocent Passage
UNCLOS, art. 19(1)
Territorial Sea
UNCLOS, art. 3
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VIII. TERRITORY LAW OF THE SEA
The national territory comprises the Philippine archipelago, with all the islands and
waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal
waters of the Philippines.
The sovereignty of a coastal State extends, beyond its land territory and internal
waters and, in the case of an archipelagic State, its archipelagic waters, to an
adjacent belt of sea, described as the territorial sea.
"Archipelagic State" means a State constituted wholly by one or more archipelagos
and may include other islands;
Archipelago means a group of islands, including parts of islands, interconnecting
waters and other natural features which are so closely interrelated that such islands,
waters and other natural features form an intrinsic geographical, economic and
political entity, or which historically have been regarded as such.
1. Except as provided in Part IV, waters on the landward side of the baseline of the
territorial sea form part of the internal waters of the State.
2. Where the establishment of a straight baseline in accordance with the method set
forth in article 7 has the effect of enclosing as internal waters areas which had not
previously been considered as such, a right of innocent passage as provided in this
Convention shall exist in those waters.
Except where otherwise provided in this Convention, the normal baseline for
measuring the breadth of the territorial sea is the low-water line along the coast as
marked on large-scale charts officially recognized by the coastal State.
(1) The method of straight baselines joining appropriate points may be employed in
drawing the baseline from which the breadth of the territorial sea is measured.
xxx
(3) The drawing of straight baselines must not depart to any appreciable extent from
the general direction of the coast, and the sea areas lying within the lines must be
sufficiently closely linked to the land domain to be subject to the regime of internal
waters.
1. An archipelagic State may draw straight archipelagic baselines joining the
outermost points of the outermost islands and drying reefs of the archipelago
provided that within such baselines are included the main islands and an area in
which the ratio of the area of the water to the area of the land, including atolls, is
between 1 to 1 and 9 to 1.
2. The length of such baselines shall not exceed 100 nautical miles, except that up to
3 per cent of the total number of baselines enclosing any archipelago may exceed
that length, up to a maximum length of 125 nautical miles.
3. The drawing of such baselines shall not depart to any appreciable extent from the
general configuration of the archipelago.
A bay is a well-marked indentation whose penetration is in such proportion to the
width of its mouth as to contain land-locked waters and constitute more than a mere
curvature of the coast. An indentation shall not, however, be regarded as a bay
unless its area is as large as, or larger than, that of the semi-circle whose diameter is
a line drawn across the mouth of that indentation.
Passage is innocent so long as it is not prejudicial to the peace, good order or
security of the coastal State. Such passage shall take place in conformity with this
Convention and with other rules of international law.
Every State has the right to establish the breadth of its territorial sea up to a limit not
exceeding 12 nautical miles, measured from baselines determined in accordance
with this Convention.
Public International Law Finals Memory Aid
SANCHEZ, Severino Miguel B.
Contiguous Zone
UNCLOS, art. 33
Exclusive Economic Zone
UNCLOS, art. 56(1)(a), 57
Continental Shelf
UNCLOS, art. 76
Rights of the Coastal State
over the Continental Shelf
UNCLOS, art. 77(1)
Five Principles of Jurisdiction
Territoriality Principle
Nationality Principle
Protective Principle
Universality Principle
Passive Personality Principle
Extradition
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VIII. TERRITORY LAW OF THE SEA (cont.)
1. In a zone contiguous to its territorial sea, described as the contiguous zone, the
coastal State may exercise the control necessary to:
(a) Prevent infringement of its customs, fiscal, immigration or sanitary laws and
regulations within its territory or territorial sea;
(b) Punish infringement of the above laws and regulations committed within its
territory or territorial sea.
2. The contiguous zone may not extend beyond 24 nautical miles from the baselines
from which the breadth of the territorial sea is measured.
Art. 56. In the exclusive economic zone, the coastal State has:
(a) Sovereign rights for the purpose of exploring and exploiting, conserving and
managing the natural resources, whether living or non-living, of the waters
superjacent to the seabed and of the seabed and its subsoil, and with regard to other
activities for the economic exploitation and exploration of the zone, such as the
production of energy from the water, currents and winds;
Art. 57. The exclusive economic zone shall not extend beyond 200 nautical miles
from the baselines from which the breadth of the territorial sea is measured.
1. The continental shelf of a coastal State comprises the seabed and subsoil of the
submarine areas that extend beyond its territorial sea throughout the natural
prolongation of its land territory to the outer edge of the continental margin, or to a
distance of 200 nautical miles from the baselines from which the breadth of the
territorial sea is measured where the outer edge of the continental margin does not
extend up to that distance.
6. Notwithstanding the provisions of paragraph 5, on submarine ridges, the outer limit
of the continental shelf shall not exceed 350 nautical miles from the baselines from
which the breadth of the territorial sea is measured.
The coastal State exercises over the continental shelf sovereign rights for the
purpose of exploring it and exploiting its natural resources.
IX. JURISDICTION OF STATES
[1] Territoriality; [2] Nationality, [3] Protective, [4] Universality; and [5] Passive
Personality
A state has absolute jurisdiction for conduct that occurs within its territory.
Every State has jurisdiction over its nationally even when those nationals are outside
the state.
A State may exercise jurisdiction over conduct outside its territory that threatens its
security, as long as that conduct is generally recognized as criminal by states in the
international community.
This principle recognizes certain activities, universally dangerous to states and their
subjects, require authority in all community members to punish such acts wherever
they may occur even absent a link between state and parties or acts in question.
The passive personality principle asserts that a state may apply lawparticularly
criminal lawto an act committed outside its territory by a person not its national
where the victim of the act was its national.
The surrender of an individual by the state within whose territory he is found to the
state under whose laws he is alleged to have committed a crime or to have been
convicted of a crime. It is a process that is governed by treaty.
Public International Law Finals Memory Aid
SANCHEZ, Severino Miguel B.
Principle of Equality of States
Constitutional Provision
Immunity from Suit
PHIL. CONST. art. XVI, 3
Acts jure imperii
Acts jure gestionis
Test for jure gestionis acts
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X. IMMUNITY FROM JURISDICTION
Par in paret non habet imperium
The State may not be sued without its consent.
Governmental acts covered by immunity
Trading and commercial acts not covered by immunity
[1] Whether the foreign state engaged in the activity in the regular course of
business;
[2] Whether the transaction is undertaken for gain or profit;

[3] Whether it is done in pursuit of a sovereign activity or an incident thereof

Every sovereign state is bound to respect the independence of every other sovereign
state and the courts of one country will not sit in judgment on the acts of the
Act of State Doctrine government of another, done within its own territory. Redress of grievances by
reason of such acts must be obtained through the means open to be availed of by
sovereign powers as between themselves.
XI. STATE RESPONSIBILITY
Equality of Treatment
Aliens are treated in the same manner as nationals of the state where they reside.
Standard for Protection of Aliens
Minimum International
However harsh the municipal laws might be against a states own citizens, aliens
Standard
should be protected by certain minimum standards of humane protection.
Standard for Protection of Aliens
Denial of Justice A denial, unwarranted delay or obstruction of access to courts, gross deficiency in the
Harvard Draft Convention on the administration of judicial or remedial process, failure to provide those guarantees
Responsibility of States for which are generally considered indispensable to the proper administration of justice,
Damages or a manifestly unjust judgment.
Internationally Wrongful Act Every internationally wrongful act of a State entails the international responsibility of
ARSIWA, art. 1 that State.
There is an internationally wrongful act of a State when conduct consisting of an
action or omission:
Elements of an Internationally
Wrongful Act
(a) is attributable to the State under international law; and
ARSIWA, art. 2
(b) constitutes a breach of an international obligation of the State.
Characterization of an The characterization of an act of a State as internationally wrongful is governed by
Internationally Wrongful Act international law. Such characterization is not affected by the characterization of the
ARSIWA, art. 3 same act as lawful by internal law.
Breach of International There is a breach of an international obligation by a State when an act of that State is
Obligation not in conformity with what is required of it by that obligation, regardless of its origin
ARSIWA, art. 12 or character.
1. The responsible State is under an obligation to make full reparation for the injury
caused by the internationally wrongful act.
Reparation
ARSIWA, art. 31
2. Injury includes any damage, whether material or moral, caused by the
internationally wrongful act of a State.
It is a provision in a contract to the effect that under no condition shall the
Calvo Clause intervention of foreign diplomatic agents in any matter related to the contract be
resorted to.
XII. INTERNATIONAL HUMAN RIGHTS LAW
Human rights are those inalienable and fundamental rights which are essential for life
Human Rights
as human beings.
A declaration admits the presumption that something less than full effectiveness in terms
Declaration
of law is intended. A declaration is deemed to emulate moral rules only.
At its core is a meeting of minds of the contracting parties on the specific duties and
Covenant obligations they intend to assume. It leaves no doubt about the legal nature of the
provision it contains.
Public International Law Finals Memory Aid
SANCHEZ, Severino Miguel B.
XIII. PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES
International Dispute
Guiding Principle re: Dispute
Settlement
UN Charter, art. 2, 3
Peaceful Methods of Settling [1] Non-judicial methods (Negotiation, enquiry, mediation, conciliation), [2] Quasi-
International Disputes
UN Charter, art. 33
Good Offices
Types of Arbitral Agreements
Kinds of Jurisdiction Exercised
by the ICJ
Legal Disputes covered by ICJ
ICJ Statute, art. 36
Ways by which States may
accept ICJs jurisdiction
Provisional Measures
ICJ Statute, art. 41
Binding Force of ICJ Decisions The decision of the Court has no binding force except between the parties and in
ICJ Statute, art. 59
Finality of Decisions
ICJ Statute, art. 60
Intervention
ICJ Statute, art. 62
Advisory Jurisdiction
ICJ Statute, art. 65
Advisory Opinions
UN Charter, art. 96
Prohibition against the threat
or use of force
UN Charter, art. 2, 4
Principle of non-intervention
UN Charter, art. 2, 7
Self-Defense
UN Charter, art. 51
5
A disagreement on a particular point of law or fact, a conflict of legal views or interests
between two persons
All members shall settle their international disputes by peaceful means in such a
manner that international peace and security, and justice are not endangered.
Judicial Method (Arbitration), [3] Judicial Settlement (ICJ), [4] Resort to regional
agencies or arrangements, and [5] Other peaceful means
Where neutral third party tries to bring two disputants together
[1] Arbitration Clause, [2] Treaty, and [3] Ad-hoc Arbitral Agreements
[1] Contentious Jurisdiction, and [2] Advisory Jurisdiction
[1] Interpretation of treaty, [2] any question of international law, [3] existence of fact
which would constitute a breach of international obligation, and [4] nature or extent of
reparation to be made for breach of obligation
[1] Ad hoc basis, [2] Treaty, [3] Optional System
1. The Court shall have the power to indicate, if it considers that circumstances so
require, any provisional measures which ought to be taken to preserve the respective
rights of either party.
2. Pending the final decision, notice of the measures suggested shall forthwith be
given to the parties and to the Security Council.
respect of that particular case.
The judgment is final and without appeal. In the event of dispute as to the meaning or
scope of the judgment, the Court shall construe it upon the request of any party.
1. Should a state consider that it has an interest of a legal nature which may be
affected by the decision in the case, it may submit a request to the Court to be
permitted to intervene.
2. It shall be for the Court to decide upon this request.
1. The court may give an advisory opinion on any legal question at the request of
whatever body may be authorized by or in accordance with the Charter of the United
Nations to make such a request.
a. The General Assembly or the Security Council may request the International Court
of Justice to give an advisory opinion on any legal question.
b. Other organs of the United Nations and specialized agencies, which may at any
time be so authorized by the General Assembly, may also request advisory opinions
of the Court on legal questions arising within the scope of their activities.
XIV. THE USE OF FORCE SHORT OF WAR
All members shall refrain in their international relations from the threat or use of force
against the territorial integrity or political independence of any state, or in any other
manner inconsistent with the purpose of the UN.
Nothing contained in the present Charter shall authorize the United Nations to
intervene in matters which are essentially within the domestic jurisdiction of any state
or shall require the Members to submit such matters to settlement under the present
Charter; but this principle shall not prejudice the application of enforcement measures
under Chapter Vll.
Nothing in the present Charter shall impair the inherent right of individual or collective
self-defence if an armed attack occurs against a Member of the United Nations, until
the Security Council has taken measures necessary to maintain international peace
and security. Measures taken by Members in the exercise of this right of self-defence
shall be immediately reported to the Security Council and shall not in any way affect
the authority and responsibility of the Security Council under the present Charter to
take at any time such action as it deems necessary in order to maintain or restore
international peace and security.
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SANCHEZ, Severino Miguel B.
XIV. THE USE OF FORCE SHORT OF WAR
Traditionally allowable coercive [1] Severance of diplomatic relations (differentiate from suspension), [2] Retorsion, [3]
or self-help measures Reprisal, [4] Embargo, [5] Boycott, [6] Non-intercourse, [7] Pacific Blockade
General Rule: The threat or use of force is prohibited (UN Charter, art. 2, 4)

Exceptions:
Summary Rules
[1] Self-defense (Individual, Collective, Anticipatory)
[2] Protection of Foreign Nationals Abroad
[3] Humanitarian Intervention (Responsibility to Protect / R2P)
XV. INTERNATIONAL HUMANITARIAN LAW
What is International International Humanitarian Law provides for instances when the use of armed force is
Humanitarian Law? justifiable (jus ad bellum), and it regulates the conduct of armed conflict (jus in bello)
XVI. INTERNATIONAL ENVIRONMENTAL LAW
State Declaration in re: Ecology The State shall protect and advance the right of the people to a balanced and healthful
PHIL. CONST. art. II, 16 ecology in accord with the rhythm and harmony of nature.
Sustainable Development
Encouraging development in a manner and according to methods which do not
World Commission on
compromise the ability of the future generations and other states to meet their needs
Environment and Development
XVII. INTERNATIONAL ECONOMIC LAW
The law of international economic relations in its broadest sense includes all the
What is International Economic international law and international agreements governing economic transactions that
Law? cross state boundaries or that otherwise have implications for more than one state,
Restatement (Third) such as those involving the movement of goods, funds, persons, intangibles,
technology, vessels or aircraft.
[1] IEcL is part of public international law, [2] IEcL is intertwined with municipal law ,
Four Characteristics of
[3] IEcL requires multidisciplinary thinking, and [4] Empirical research is important for
International Economic Law
understanding IEcL