Atty Duka Lecture notes in International Law Prepared by Marielle Laguerta

Private International Law- Acquires juris when filing, respondent by voluntary

appearance.
Conflicts of law
No compelling power-party can’t be compelled to
Under Civil law
submit its sovereign in the ICJ.
Private law
Composition- 15 judges 9years term 1 judge per
Municipal in character nationality.

Transaction with foreign element of private person -must possess qualification required in their
respective countries for appointment to the highest
judicial office (qualification of SC)
Public International Law
Laws of nation
Under Political lawand PRi
ICC ROME statue
Sovereign
Criminal- Romes statue, seats at hague Netherlands
Transaction with states

UNCLOS-
Treaty
ITLOS- tribunal under unclos for disputes of
Source of obligation of states maritime and territory of archipelagic states

It is a contract -21 judges

-Pacta sun servanta- promises must be fulfilled -head quarters Hamburg Germany

Not subordinate when enter to a treaty we Archipelago

coordinate
Coastal Archipelago – Close to mainland and may be
considered a part thereof.

Charter of UN no exit clause only give way how to be Mid Ocean Archipelago- situated in the ocean at
member such distance from the coasts of firm land. (gitna
npapalibutan ng water EX: Ph)

International Tribunals
TERRITORIAL WATER
Arbitration of UN
BASELINE LAWS
ICJ-UN Charter
Principle of regime of island- island naturally formed
SEATS at Peace Palace in The Hague Netherlands
area of land, surrounded by water which is above
To settle actual controversies of submitted by states water at high tide.
including territorial disputes except archipelagic
Rocks which cannot sustain human habitation or
states which be under UNCLOS.
economic life of their own shall have no exclusive
Gives advisory opinions economic zone or continental shelf.
Atty Duka Lecture notes in International Law
Spratlys/Kalayaan island- does not conform to
requisite of regime of island because it can support
human habitation and economic life.
Straight Baseland Method- Low watermark is the
point were the water first meet the sand in a lowtide
from the outermost island. Then connect the dots
around each outermost island.
Internal water-waters inside baseline. Bodies of
water within the land mass Ex: rivers, lakes ,canals,
gulfs, bays and straits.
-International waters- foreign vessels have no right
of innocent passage.
Right of innocent passage-
Vessels of all states enjoy the right of innocent
passage through the territorial sea
Requisites:
Continuous & Expeditious
except: force majeure
……….
Territorial waters- from baseline 12nautical miles
Contiguous zone- 12nautical miles from territorial
waters(sea)
-Coastal state may exercise limited jurisdiction over
the contiguous zone to prevent infringement of
customs, fiscal, immigration or sanitary laws.
Exclusive Economic zone- 200 nautical miles from
baseline
-not part of territory but coastal state may exercise
sovereign rights over economic resources of the sea,
seabed, subsoil
-other states have freedom of navigation and over
flight to lay submarine rabbles, pipelines and other
lawful uses.
-states overlapping exclusive economic zone may
enter into joined exploration under treaty, (both my
exercise its sovereign if overlapping)
Prepared by Marielle Laguerta
3 Rights of state in exclusive economic zone
-explore natural resources
Sea, seabed , subsoil
Continental shelf- 350 nautical miles
Right to harvest mineral and non living materials in
the subsoil of their continental shelf, to the
exclusion of others.
Overlapping – must enter to treaty for joined
exploration
TERRITORY
To acquire:
Discovery
Administration
Possession
Occupation
Administration
KALAYAAN GROUP OF ISLAND
Scarborough shoal/ bajo di masinloc-
Spratly Island
RP VS PROC- arbitration , PH do not want
adversarial. Ph won but china do not want to comply
but bound because they are signatory of the
UNCLOS. Basis of decision
Historic rights and the NINE DASH LINE- no evidence
of historic rights and its nine dash line is in violation
of UNCLOS because a state can only extent its
economic zone up to 200 nautical miles which China
is a signatory.
Status of feature of the island was altered by china
to make it bigger, reclamation of the land. This is in
violation of UNCLOS because to claim a land it must
be claimed in its natural state.
Atty Duka Lecture notes in International Law Prepared by Marielle Laguerta

Lawfulness of Chinese, they encroach to the OBJECTS

exclusive economic zone of PH, UNCLOS states that
Individual
they cannot enter to a treaty and have a joined
exploration because there is no overlapping EEZ. Things
China is far beyond its EEZ.
Individual cannot go directly to international
Harm to Marine Environment tribunal directly. They should be sponsored by their
state because they are not subject of international
Aggravation of Dispute- take more island of PH.
law.

HIGH SEA
STATE IMMUNITY
Res nullius- belongs to no one
Par em parem inhibit non imperium -equally of all
Res cummunes- belongs to everyone sovereign. If you can’t sue Ph you can’t sue another
sovereign. Hence, immunity base on treaty give
Freedom of navigation- refers to the right to sail
coverage of what its diplomates are immune to.
ships freely on the high seas, subject to international
law and the laws of the flag state. Vatican not member of UN observant only
Flag state- flag which the vessels carry is the flag of UN Security Council- police
registration. If nationality of the vessel is the same
ECOSOC- in charge of economy and social justice. in
with the nationality of the owner-flag state.
charged of promoting higher standards of living.
Reg. in MARINA
ILO-International Labor Organization-imbodied in
Flag of convenience- for purposes of convenience , our Labor code-(under ECOSOC)
the vessel is registered in another state not the state
WHO- World Health Organization (under ECOSOC)
of the owner and it will fly the flag of the state of
registration. The nationality of the vessel will be Universal Declaration of Human rights-same as Bill
different to the owner. of rights. (under ECOSOC or UNESCO)
GENERAL ASSEMBLY
DOCTRINE OF INCORPORATION- Kelog pact Jurisdiction
Renounces war- aggressive war, but defensive is not Peace and security
prohibited.
Admission of new members
DOCTRINE OF TRANSFORMATION
Budgetary matters
A soft law
To apply international law in the Ph the Legislative
THE STATE
must enact a law crafted locally to enforce the
principle of international law. ELEMENT
SUBJECT OF INTERNATIONAL LAW People,territory,government,sovereign
People- refers to inhabitants of the state
States
Colony etc.
Atty Duka Lecture notes in International Law
Territory- fixed portion of the surface of the earth
inhabited by the people of the State.
Government-
-Forms
Monarchy- one which the supreme authority I in the
hands of a single person.
-Absolute monarchy- ruler rules the divine rights.
-Limited Monarchy- ruler governs in accordance
with the constitution. The monarch has no absolute
control of the government.(constitutional
monarchy)
Aristocracy- political power is exercised by a few
privileged individuals known as aristocrats.
Oligarchy- form of aristocracy but the basis of
leadership is wealth of the ruler.
Democracy- political power is exercised by majority
of the people.
Demos-masses or people
Kratia- to rule
A government of the people for the people by the
people.
-Direct or pure democracy- will of the state is
formulated or expressed directly through the
people in a mass meeting or assembly.
-indirect, representative or republican democracy-
will of the sate is formulated through a relatively
small and selected body of persons chosen by the
people to act as their representative. (art 2 sec1)
Unitary- control of national and local affairs is
exercised by the national government.
Federal – the power of the government is divided
between 2 agencies, one for the national affairs and
the other for local affairs, each organ being supreme
within its own jurisdiction.
Parliamentary- the state confers upon the
legislature the power to terminate the tenure of the
Prepared by Marielle Laguerta
executive. The legislative is elected and in the
legislative they will vote who will be executive. No
separation of powers.
Presidential- executive is elected by the people
different to legislative. Separation of powers.
De jure- may or may not have support of the people
but it is founded on existing constitutional laws if of
the state. One who have legal title.
De facto- not founded on existing constitutional
laws of the state but it has the support of majority
of the people. No legal title.
Estrada vs Arroyo- presidency is in the past tense.
He was legally and directly removed by the people.
-The legal obligation of old government will be
assumed by the new government. If illegal it must
not be assumed.
State Sovereignty
- Internal Sovereignty (police power)- supreme
power of the state to enforce its will to its
inhabitants or people.
- External Sovereignty( Independence )- freedom
from external control.
Tañada vs Tuvera- Genera rule: sovereignty is
absolute
EXCEPT:
-When States enters to a treaty they are bound by
the doctrine of pacta sun servanda-promises or
international agreement must be fulfilled in
goodfaith
-Doctrine of incorporation -laws of international law
that States is mandatory bound. Generally accepted
principles of international laws
PRINCIPLE OF STATE CONTINUITY
State continues as a juristic being notwithstanding
changes in its circumstances provided only that such
change does not result in the loss of any of its
essential elements.
STATE RECOGNITION
Atty Duka Lecture notes in International Law Prepared by Marielle Laguerta

Constitutive theory- a state is only a state if it is States that send astronouts to space will be liable in
recognized by other state ( generally accepted) case of damages. Determine base on flag.
Declaratory theory- as long as the state have the 4 - Legation or diplomatic intercourse
elements to be a state, regardless it if it is recognized
Diplomatic relation
or not by other states, it is a state.
-Passive to receive
Wilson Doctrine- government resulted from
revolutionary, rebellion, etc won’t be recognized -Active to send
unless government is elected by the people.
Function
Stimson Doctrine- no recognization will be given to
-to represent the sending state
government established as a result of external
aggression. ( sinakop, belligerent occupation ) -To protect the interest of the nationals of the
sending state to the receiving states territory
Estrada Doctrine- recognition is not extended even
the state deals with another state. Express -Negotiate to the government of the receiving state
recognition must be given not implied.
-Promoting friendly relations
Belligerent- can be recognized internationally
- Developing their economic,cultural & scientific
- organized civil government relations
-Rebels occupy a substantial portion of territory. -Ascertaining the condition of the receiving state
and report it to sending state
-Conflict is serious and outcome is uncertain
Agreation
-rebels are willing to observe the laws of war (
absence of requisite will be insurgent) -Process of appointment of diplomat envoy
Insurgent- can’t be recognized -State resort to an informal inquiry as to
acceptability of envoy
RIGHTS OF THE STATE
-Receiving state will respond with an informal
- Existence and self defense
conformity
There must be aggression, arm attack
-Message must be sent to inform if will not accept
- Right to equality the diplomat if not can no longer refuse once arrive
and present its letter of credence because that
Par in parem non habet imperium -all sovereign
would be a violation to Vienna convention.
states are equal
IMMUNITIES & PRIVILEGES
- Sovereign and independence
-Inviolability of premises
- Territorial integrity and jurisdiction
-Right of official communication
Aerial domain no right of innocent passage must
always ask permission to state that will be passing -Exempt from local jurisdiction
through.
Must be in relation to official business or function
Space- res communes
Atty Duka Lecture notes in International Law Prepared by Marielle Laguerta

Different in international organization -there must
be a treaty stating that there is a diplomatic
immunity for its employees DBP case
-personal inviolability
-Exempt from subpoena
-Exempt from taxation/custom duties
EXTRATERRITORIALITY
Immunity granted to person and property from local
jurisdictions in the basis of international customs.
TREATY
Principal sources of international law
-written
-international agreement
-between states
-governed by international law
-the only church which a recognize leader and
international personality
-have sovereignty
-leader pope
Treaty can’t violate international law, void.
JUS COGENS- compelling law
All states are bound to adhere. Even not signatory.
Can’t enter into a treaty to legalized such act which
is a Jus cogens.
VINUYA vs EXECUTIVE SEC -justice del Castillo being
impeach due to the comfort women issue. 2010
..moot claim
PACTA SUN SERVANDA- pact must be respected-
treaty must be fulfilled.
EXCEPT:
CLAUSULA REBUS SIC STANTIBUS- things thus
standing -supervening event.

VALID TREATY MOST FAVORED NATION CLAUSE

Same as contracts Must not favor as country in dealing with them.

Must be equal to all. This is use in trading with other
-parties capacity to contract
states.
-entered into by their organs or representative
TERMINATION
-without duress,mistake or fraud or ice of consent
Expiration
-lawful subject matter or object
Accomplishment of purpose
-ratification base on constitution process
Impossibility of performance
BAYAN vs ZAMORA
Loss of subject matter
Constitution do not allow foreign bases in the PH
Novation
except there is a treaty.
Desistance of the parties
EDCA-SAGUISAG vs EXECUTIVE SECRETARY
Extinction of one party
There is an existing treaty. The explanation was
executive agreements can be produce base on an Occurrence of vital change of circumstances
existing treaty.
Outbreak of war
CONCORDAT -treaty between the pope and another
Voidance of treaty
state
Atty Duka Lecture notes in International Law
NATIONALITY vs CITIZENSHIP
Nationality- ethnic
Citizenship- political
Once a Filipina always a Filipino unless acquire other
citizenship. Citizenship will change but ethnic origin
won’t.
Citizenship established by birth
Jus Soli- Place of birth
Jus Sanguinis- by blood
Citizens have rights to participate in the political life
of the state of which they are citizen, such as by
voting or standing for election.
CITIZEN
-Citizens at the time of adoption of constitution. Feb
2 1987-consti
Art 4 sec 1 par 2 of constitution Philippines follow
jus sanguinis ( De Leon vs Esguerra )
-Father or mother citizen of PH
-Born before Jan. 17 1973 of Filipino mothers who
elected Philippine citizenship upon reaching the age
of majority.(those born before this date is still
covered by the 1935 consti, if Filipina married with
alien she automatically loss her Filipino citizenship.
After this date no need to elect if mother did not
acquire foreign citizenship expressly. Not
automatically renounce)
Election of Philippines citizenship within 3 years
after reaching the age of majority ( Vicente Ching
case- pass the bar but was not allowed to take oath
because he is not a Filipino citizen )
-Those who are naturalized in accordance with law
DOCTRINE OF EFFECTIVE NATIONALITY
FRIVALDO vs COMELEC
A person having more than one nationality shall be
treated as if he had only one. Will be recognized as
citizen of the state which he is closely connected. -
Prepared by Marielle Laguerta
how to determine- check the passport that is being
used that’s he’s nationality and the governing state.
STATELESSNESS
Status of individual who is born without any
nationality or loses his nationality without retaining
or acquiring another. NO CITIZENSHIP
DE JURE – no recognized state in respect of which
the subject has a legally meritorious basis to claim
nationality.( by operation of law )
DE FACTO- have legally meritorious claim but is
precluded from asserting it because of practical
considerations such as cost, circumstances of civil
disorder or the fear of prosecution.( by acts or
omission renounce )
ALIEN- not a native nor citizen of the country he
reside. Owing political allegiance with another state
or government than the state of his residence.
TREATMENT
Deportation- when alien is undesirable by the local
state. Formal act. Embassy of the alien would be
notified
Reconduction- it is an act that the state will arrest
and send back the alien to his state without any
formal act or no notification with its embassy.
Usually done to person without papers, ex-convicts.
DOCTRINE OF STATE RESPONSIBILITY
Alien or citizen the state where they are residing or
currently located is responsible to them.
CALVO CLAUSE
Aliens who entered a contract with another state
waived their right to seek remedies to their mother
state or international comity until all remedies of
contracting state is exhausted.
AGAN vs FIATCO
SC- void because there is no public bidding.
DRAGO DOCTRINE
Atty Duka Lecture notes in International Law
No armed forces should be use by the collecting
state in collecting debts of another state.
REFUGEES
Person outside of their mother state who is seeking
protection from foreign state to escape persecution,
war, terrorism, extreme poverty, famines or natural
disasters.
DOCTRINE OF NON REFOULMENT
Prohibits state to expel refugee or return them to
their state because his life or freedom is threatened.
Receiving state is under obligation to grant asylum.
Mandated by international law.
Diplomatic Asylum- refugee in diplomatic premises
Political Asylum- refugee in another state for
political offense, he faces danger to his life &
liberty.( extradition won’t lie even there is a treaty
because he have acquired protection )
EXTRADITION
Surrender of a fugitive by one state to another
where he is wanted for prosecution or if already
convicted for punishment.
Surrender is made at request of latter state on basis
of an extradition treaty.
Requisite:
-There must a treaty. Absence of a treaty cannot
extradite.
-Tried only for the crime specified in the request for
extradition.
-The crime must be included in the list of offenses
subject of extradition in the treaty.
-Offences must be punishable by more than one
year imprisonment.
-Any person may be extradited even non-citizens of
the state.
-Acts committed within the territory if requesting
state or against such state.
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-Principle of double criminality- act for which
extradition is sought must be punishable in both
states.
-Political or religious offenders are generally not
subject to extradition. Except: killing the head of the
state, killer need to be extradited)
Bailable- provided he can prove that he is not a flight
risk by clear & convincing evidence.
Extradition sue generis
PAUL JOSEPH RIGHT CASE-Invoking expost facto law
because treaty with Australia was entered in 1990
and he was convicted in Australia 1985. SC said
expost facto law is applicable to criminal cases and
not in extradition because extradition is sue generis.
Rights of an accused is not applicable to extraditee
because extradition is neither criminal or civil in
nature and do not determine guilt of the person.
ATTENTAT CLAUSE-assassination of head of state or
any member of his family exception to extradition of
political or religious offences which is not subject to
extradition.
Genocide is also an exception.
INTERNATIONAL DISPUTES
How to settle: Pacific(means peaceful) or Amicable
Methods of Settling Disputes
Negotiation
Inquiry
Tender of goods offices
Mediation
Conciliation
Arbitration
Judicial settlement
Resort to international organization
Prohibited Hostile methods in settling disputes
Atty Duka Lecture notes in International Law
-severance of diplomatic relations- reduction or
removal of diplomatic ties, such as embassies is
considered a form of hostile means of settling
international disputes.
-intervention- intervention to domestic or foreign
affairs of another state through force or threat of
force.
-retortion- not allowed. A retaliation. Bullying.
-reprisal-revenge
-pacific blocked
-occupying territory
-suspension of treaty
-embargo-detained vessel of foreign state to
prevent from sailing
-trade embargo- prevent from trading to the state in
dispute.
WAR- International humanitarian laws or laws of
armed conflict.
-laws during armed conflict or war.
Purpose- to limit casualties or regulate effects of
war.
JUS IN BELLO- justice in war- rules that serve as
guidelines for fighting well once war has begun.
COMMENCEMENT
-declaration
-rejection of an ultimatum
-commission of an act of force regarded by atleast
one of the parties as an act of war.
KELLOG BRIAND PACT 1928- outlawing war as an
instrument of national policy (renouncing war)
PRINCIPLE of MILITARY NECESSITY- employ only the
amount of force which is necessary with the least
possible loss of lives time and money.
PRINCIPLE OF HUMANITY- prohibits the use of any
measure that is not necessary for purposes of war.
Prepared by Marielle Laguerta
(do not use weapon of mass distraction, biological
weapon because it will kill entire population
including innocent civilian)
PRINCIPLE OF CHIVALRY- proper warning before
launching a bombardment or prohibit the use of
perfidy (treachery) in the conduct of hostilities. EX:
surrendered but still killed.
PROHIBITION- WAR CRIMES
-to attack doctors & ambulances displaying red cross
or red crescent
-prohibited to fire to person waiving or having a
white flag since it shows intent to surrender or
desire to communicate.
-these persons are expected to be neutral & shall
not engaged in warlike act. If so it is considered as
an act of perfidy.
Spy- person employed to obtain secrets
Terrorism- not allowed. Do not kill enemy but
civilians.
Combatants- soldiers of the state
Privilege combatants- members of the regular
armed forces of the state. If they are captured they
are treated as war prisoners of war.
Unlawful combatant- civilian or mercenary- not
covered by Geneva convention and won’t have
protection as prisoners of war.
Non-combatant- members of armed forces but desk
work or medical field.
TERMINATION
Simple cessation
Treaty of peace
Unilateral declaration by the victor
JUS POSTLIMINY-properties acquired during war
don’t revert automatically to the original owner.
There must be a treaty for return be effected. In
relation with uti possidetis.
Atty Duka Lecture notes in International Law Prepared by Marielle Laguerta

UTI POSSIDETIS-as you possess- territory and -genocide

properties remains with its possessor at the end of
-against humanity
a conflict , unless provided for by treaty.
-war crimes
NEUTRALITY- non participation of a state in war. It
does not take part. -crime of aggression
NEUTRALITY vs NEUTRALIZATION Organs-consist of
Neutrality- in times of war declared. The presidency
Neutralization- in any conflict even not in war -President 2015-2018 Silvia Alejandra Fernandez de
always neutral. No need declaration. Gurmendi -Argentina 3years terms including VP
Duties of Neutral States Judicial divisions
Abstention- abstain from taking part of the -18 judges
hostilities.
-Judges 9years terms
Prevention- prevent belligerents to use its territory.
-nationals of a state party of the Rome Statue
Acquiescence-( to accept, agree, to allow something
-no 2 judges maybe national of the same state(one
to happen by staying silent or not arguing or
per state)
objecting) whatever belligerent say the neutral state
must just follow. -person of high moral character,impartiality &
integrity
Duties of Belligerent
-possess the qualifications required in their
To respect the neutrality of the such state.
respective states for appointment to the highest
Used of property that is neutral -or destroy such judicial office.
belligerent must pay just compensation
Office of the prosecutor
ICC- INTERNATIONAL CRIMINAL COURT
Registry
Sign 2000 ratified by Congress 2011- becomes
5 year term, elected by the judges
member 2011
RIGHTS of THE ACCUSED
Jurisdiction
Rome statutes- same as bill of rights
-only in cases where the accused is a national of a
state party to the treaty Miranda rights-from Miranda vs State of Arizona
-Crime took place in a state which is also a party Victim participation and reparation-must
participate in the proceeding
-when the case/situation is referred by UN security
council to the ICC ICC- not related to UN but almost same participating
state. UN security council refer cases to ICC.
Note: it can exercise its jurisdiction only when
national courts are unwilling or unable to ICC- can only take jurisdiction if the national court
investigate or prosecute such crimes. don’t want to take cognizant.
Crimes Under Jurisdiction
Atty Duka Lecture notes in International Law Prepared by Marielle Laguerta

RA # 9851 Phil Act on Crimes Against International

Humanitarian Law, Genocide and other Crimes
Against Humanity.
PH court can take cognizant of such act or omissions.