II.
International Dispute Resolutions
A. Overview of International Law
What is International Law?
- A body of rules and principles of
action which are binding upon
civilized states in their relation to
one another.
What is Public International Law?
- This deals with the conduct of
States and international
organizations, their relations with
Elements?
each other and, in certain
circumstances, their relations with
persons, natural or juridical.
What is private international law?
- It selects between conflicting
municipal systems of law to
What is sovereignty?
regulate the relationship between
persons.
What are the sources of International
Law?
- International Conventions
- International Custom
- General Principles of Law
- Judicial Decisions
- Teachings of the most highly
qualified publicists of the various
nations.
What is Jurisdiction?
What is a State?
- A state is a group of people, living
together in a fixed territory,
organized for political ends under
an independent government, and
capable of entering into
international relations with other
states.
- The State as a person of
international law should possess
the following qualifications:
1. A permanent population
2. A defined territory
3. A government
4. The capacity to enter into
relations with other states.
(1933 Monteviedo
Convention)
- Permanent population
- Defined Territory
- Government
- Capacity to enter into relations
with other states
- Means independence from
outside control.
- It is the totality of the powers,
legal competence and privileges
of a State arising from customary
international law, and not
dependent on the consent of
another state.
- The power or authority exercised
by a State over land, persons,
property, transactions, and
events.
What are the types of jurisdiction?
- Prescriptive Jurisdiction: This
pertains to the ability of the State
to define its own laws with
respect to any matter it chooses.
- Enforcement Jurisdiction: This
pertains to the ability of the State
to enforce the laws it has created
What are the Basis of Jurisdiction?
- Territorial Principle: The State
may exercise jurisdiction only
within its territory.
- Nationality Principle: The State
has jurisdiction over its nationals
anywhere in the world, based on
the theory that a national is
entitled to the protection of the
State wherever he may be, and
thus, is bound to it by duty of
obedience and allegiance.
- Protective Principle: State has
jurisdiction over acts committed
abroad (by nationals or
foreigners) which are prejudicial
to its national security, territorial
integrity, political independence,
or any other vital interests.
- Principle of universality: State has
jurisdiction over offenses
considered as universal crimes
regardless of where committed
and who committed them.
- Principle of Passive Personality:
State exercises jurisdiction over
crimes against its own nationals
even if committed territory.
Immunity from Jurisdiction
- Doctrine of State Immunity: The
State may not be sued without its
consent. It is based on the
principle of equality and
independence of states. A state
enjoys immunity from the
exercise of jurisdiction by another
state, unless it has given consent,
waived its immunity, or voluntarily
submitted to the jurisdiction of the
court concerned.
- Immunity of Head of State
- Act of State Doctrine: A State
should not inquire into the legal
validity of the public acts of
another State done within the
territory of the latter.
- Diplomatic Immunity: Part of
customary international law which
grants immunity to diplomatic
representatives, in order to
uphold their dignity as
representatives of their respective
States and to allow them free and
unhampered exercise of their
functions.
- Immunity of International
Organizations

- Foreign merchant vessels
exercising their right of innocent
passage or arrival under stress.
Rights and Privileges of States
- Existence and Self-Preservation
- Right to Sovereignty and
Independence
- Right to Equality
Sovereignty vs. Independence
- Sovereignty is the totality of the
powers, legal competence, and
privileges arising from customary
international law, and not
dependent on the consent of
another state
- Independence means freedom
from control by other state or
group of states and not freedom
from the restrictions that are
binding on all states forming the
family of nations; carries with it by
necessary implication the
correlative duty of non-
intervention.
DOCTRINE OF STATE
RESPONSIBILITY
- Whenever one state commits an
internationally unlawful act
against another state,
international responsibility is
established between the two.
B. OVERVIEW OF NEW CIVIL
CODE ON OBLIGATIONS AND
CONTRACTS
Juridical Capacity
- Is the fitness to be the subject of
legal relations
- Inherent in every natural person,
and is therefore not acquired.
- Lost only through death
- Cannot be limited or restricted
- Can exist without capacity to act
Capacity to Act
- The power to do acts with legal
effect.
- Is acquired
- and may be lost through other
means
- can be limited or restricted by
certain circumstances
- cannot exist with juridical
capacity.
What is an Obligation?
- An obligation is a juridical
necessity to give, to do, or not to
do.
Sources of Obligation (Art.1157)
- Law
- Contracts
- Quasi-contracts
- Acts of omissions punished by
law
- Quasi-delicts

Kinds of obligations (1179)
- Pure and Conditional
- Obligations with a Period
- Alternative Obligations
- Joint and Solidary
- Divisible and indivisible
- Obligations with a penal clause
Extinguishment of Obligations (1231)
- By payment or performance
- By the loss of the thing due
- By the condonation or remission
of the debt
- By the confusion or merger of the
rights of creditor and debtor
- By compensation
- By novation
- Annulment
- Rescission
- Fulfilment of a resolutory
condition
- Prescription
What is a Contract?
- A contract is a meeting of minds
between two persons whereby
one binds himself with respect to
the other, to give something or to
render some service.
What are the essential requisites of a
contract? (1318)
- Consent of the contracting parties
- Object certain which is the
subject matter of the contract
- Cause of the obligation which is
established.
What are the kinds of contracts?
- Rescissible contracts
- Voidable contracts
- Unenforceable contracts
- Void or inexistent contracts
C. ARTICLE 33, PARAGRAPH 1 OF
THE UNITED NATIONS
CHARTER
“ The parties to any dispute, the
continuance of which is likely to
endanger the maintenance of
international peace and security,
shall first of all, seek a solution by
Negotiation, Enquiry, Mediation,
COnciliation, ARbitration, JUdicial
settlement, REsort to regional
agencies or ARrangement, or OTher
peaceful means of their own choice.”
-
- Mediation: It is a process of
settlement of a dispute undertaken
by a third state, a group of states, an
individual, an agency, or an
international organization.
-Judicial Settlement: Similar to the
nature of proceedings and the
binding character of an arbitration
proceeding, the disputes submitted
for adjudication are legal, rather than
political.
-Negotiation: The discussion
undertaken by the parties
themselves of their respective claims
and counterclaims with a view of
their just and orderly adjustments.
-Tender of Good Offices: Where a
third party, either alone or in
collaboration with other, offer to help
in the settlement of a dispute. When
the offer is accepted, there is
supposed to be an exercise of good
offices.
-Arbitration: The solution of a dispute
by an impartial third party usually a
tribunal created by the parties
themselves under a charter known
as a compromise. The proceedings
are essentially judicial and the award
is by previous agreement, binding on
the parties to the dispute.
-Conciliation: The process of
conciliation involves a third-party
investigation of the basis of the
dispute and the submission of a
report embodying suggestions for a
settlement.
-Enquiry: The ascertainment of
pertinent facts and issues in a
dispute. However, the findings of the
party making the enquiry are not
conclusive upon the disputing states
but they nevertheless may exert a
strong moral influence in the
settlement of the conflict.
D. INTERNATIONAL COURT OF
JUSTICE
What are the sources of International
Law? (Art. 38 ICJ Statute)
- International Conventions,
whether general or particular,
establishing rules expressly
recognized by the contesting
states;
- International Custom, as
evidence of a general practice
accepted as law;
- General Principles of Law
recognized by civilized nations;
- Judicial Decisions and the
Teachings of the most highly
qualified publicists of the various
nations.
Jurisdiction of the ICJ
- The Jurisdiction of the court
comprises all cases which the
parties refer to it and all matters
specially provided for in the
Charter of the United Nations or
in treaties and conventions in
forcer (Art. 36, par.1 ICJ Statute)
- All cases which the parties refer
to it and all matters specially
provided for in the UN Charter or
in treaties and conventions in
force.
- The ICJ only has jurisdiction on
contentious cases where only
states are parties thereto and
their consent is needed.
 - The state parties to the present agencies of the UN. Those
Statute may at any time declare questions can only refer to legal
that they recognize as questions arising within the scope
compulsory ipso facto and of their activities. Advisory
without special agreement, in opinions given by the ICJ are not
relation to any other state binding.
accepting the same obligation,
the jurisdiction of the Court in all
legal disputes concerning: (a) the
interpretation of a treaty; (b) any
question of international law; (c)
the existence of any fact which, if
established, would constitute a
breach of an international
obligation; (d) the nature or extent
of the reparation to be made for
the breach of an international
obligation.

- Nothing in the UN Charter

prevents UN Member States from
entrusting the solution of their
differences to other tribunals by
virtue of agreements already in
existence or which may me
concluded in the future.

Contentious Jurisdiction

- Contentious jurisdiction involves

states that submit the dispute by
consent to the court for a binding
decision.

Advisory jurisdiction

- Concerns questions referred to

the court by the General
Assembly, the Security Council or
other organs and specialized