International law is that branch of public law which regulates the relations of States and of other entities which

have been granted international personality ( e.g. the UN). Modern international law after World War II, however, now deals n ot only with the relations between states, but also their relations with persons , natural or juridical (e.g. int l human rights law). Distinction between a subject and object of international law A subject is an entity that has rights and responsibilities under international law; it can be a proper party in transactions involving the application of inter national law among members of the international community. Subjects include: st ates, colonies, the Holy See, the United Nations. An object is a person or thing in respect of which rights are held and obligatio ns assumed by the subject; it is not directly governed by the rules of internati onal law; its rights are received, and its responsibilities imposed, indirectly through the instrumentality of an international agency. Traditionally, individu als have been considered merely as objects, not subjects, of international law; however, modern IL now grants, primarily through treaties, a certain degree of i nternational personality to individuals (e.g. individuals are granted by treaty the power to sue before the European Court of Human Rights). Divisions of International Law 1) LAWS OF PEACE- Governs the normal relations of States 2) LAWS OF WAR - Rules during periods of hostility 3) LAWS OF NEUTRALITY- rules governing States not involved in the hostilities Relation to Municipal Law 2 VIEWS:(incorporation v. transformation 1) DOCTINE 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 applica ble in the domestic sphere. a) Such is recognized in art. 2, sec. 2, as the Philippines "adopts the generall y accepted principles of international law as part of the law of the land." b) Rules of international law are given equal standing with, but are not superio r to, national legislative enactments. Thus, the Constitution, as the highest l aw of the land, may invalidate a treaty in conflict with it. [Secretary of Justice v. Hon. Lantion and Mark Jimenez, Jan. 18, 2000] 2) DOCTRINE OF TRANSFORMATION - the generally accepted rules of int'l law are n ot per se binding upon the State but must first be embodied in legislation enact ed by the lawmaking body and so transformed into municipal law. Only when so tr ansformed will they become binding upon the State as part of its municipal law. 2 THEORIES: 1) DUALISM domestic and international law are independent of each other, as they regulate different subject matter. IL regulates the relations of sovereign sta tes, while municipal law regulates the internal affairs of a state. Thus, no co nflict can ever arise between international and municipal law, because the two s ystems are mutually exclusive. If IL is applied within a state, it is only beca use it has been expressly incorporated by municipal law. The Philippines is a d ualist state. 2) MONISM Monists have a unitary concept of law and see all law including both i nternational and municipal law as an integral part of the same system. If confl ict exists between international law and municipal law, international law must p revail. Germany is a monist state. Basis of International Law: 1.Law of Nature School: Natural and universal principle of right and wrong, independent of mutual inter course or compact, which can be discovered and recognized by every individual th

rough the use of his reason and conscience. Since individuals compose the State whose will is but the collective will of the inhabitants ,the State also becomes bound by the law of nature. 2.Positivist School: Binding force of international law is derived from the agreement of the States t o be bound by it. In this context, international law is not a law of subordinati on but of coordination. 3.Eclectic or Groatian School: Voluntary law may be said to blend with the natural law and be, indeed, an expre ssion of it in so far as it conforms to the dictates of right reason. In case of conflict, the natural law prevails ,being the more fundamental law. SOURCES OF INTERNATIONAL LAW Article 38 of the Statute of the International Court of Justice (ICJ) is conside red the authoritative enumeration of the sources of International Law. A) PRIMARY 1. TREATY / INTERNATIONAL CONVENTIONS - Generally, a treaty only binds the part ies. However, treaties may be considered a direct source of Int'l law when conc luded by a sizable no. of States, and is reflective of the will of the family of nations (in which case, a treaty is evidence of custom). 2. INTERNATIONAL CUSTOM - Practices which, through persistent usage, have grown to be accepted by States as legally binding. 2 Elements: 1. STATE PRACTICE a consistent and uniform external conduct of States. Generall y, both what states say and what they do are considered state practice. 2. OPINIO JURIS - State practice must be accompanied with the conviction that th e State is legally obligated to do so by int'l law, and not through mere courtes y or comity, or because of humanitarian considerations. 3. GEN PRINCIPLES OF LAW- rules derived mainly from natural law, observed and re cognized by civilized nations (ex: res judicate, prescription and pacta sunt ser vanda also ex aequo et bono what is good and just) Instant Custom: Customary law may emerge even within a relatively short passage of time, if with in that period, State Practice has been uniform and extensive. (ex. Law on the Continental Shelf) Thus, int'l law does NOT always require a long period of tim e to elapse before conduct is considered customary. 3. GENERAL PRINCIPLES OF LAW - Principles common to most national systems of la w; rules based on natural justice. ex. good faith, estoppel, exhaustion of local remedies. B) SECONDARY 1. JUDICIAL DECISIONS --a subsidiary means for the determination of rules of law (e.g., determining what rules of customary IL exist) that is acceptable so long as they correctly interpret and apply int'l law. Note: Even decisions of national courts, when applying int'l law, are acceptabl e. ex. Principles on diplomatic immunity have been developed by judgments of na tional courts. 2. WRITINGS OF PUBLICISTS -- The word 'Publicist' means 'learned writer.' Learne d writings, like judicial decisions, can be evidence of customary law, and can a lso play a subsidiary role in developing new rules of law. 2 Requisites: 1. Fair and impartial representation of law. 2. By an acknowledged authority in the field. Principle of Jus Cogens: Customary international law which has the status of a p eremptory (absolute, uncompromising, certain, norm of international law. Such no rm is accepted and recognized by the international community of states as a rule , from which no derogation is permitted and which can be modified only by a subs equent norm having the same character. STATE

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. A ) ELEMENTS OF A STATE: A State should possess the following qualifications (Art. 1, Montevideo Conventi on): 1) a permanent population (people); 2) a defined territory; 3) government; 4) Independence or Sovereignty (freedom from outside control) 5) Civilization 6) Recognition(act by which a state acknowledges the existence of another state) B) DISTINCTIONS BETWEEN SOVEREIGNTY AND INDEPENDENCE A. SOVEREIGNTY is the broader term. It refers to the supreme and uncontrollabl e power inherent in the State by which such State is governed. It has 2 aspects : 1. INTERNAL- freedom of the State to manage its own affairs. 2. EXTERNAL- freedom of the State to direct its foreign affairs. B. INDEPENDENCE is synonymous with external sovereignty. It is defined as the p ower of a State to manage its external affairs without direction or interference from another State. C) PRINCIPLES OF STATE SUCCESSION A.STATE SUCCESSION is the substitution of one State by another, the latter takin g over the rights and some of the obligations of the former. B.2 types of State Succession: 1.UNIVERSAL- takes place when a State is completely annexed by another, or is di smembered or dissolved, or is created as a result of merger of 2 or more States. 2.PARTIAL - takes place when a portion of the territory of a State loses part of its sovereignty by joining a confederation or becoming a protectorate or suzera inty. C. Effects of State Succession 1.The allegiance of the inhabitants of the predecessor State is transferred to t he successor State. 2.The political laws of the predecessor State are automatically abrogated but th e non-political laws are deemed continued unless expressly repealed or contrary to the institutions of the new sovereign. 3.The public property of the successor State is acquired by the successor State but not the tort liability of the former. 4.Treaties entered into by the predecessor State are not considered binding on t he successor State except those dealing with local rights and duties such as ser vitudes and boundaries. 2006 notes: Extinction of state is by emigration en masse of its population, los s of territory, overthrow of government resulting in anarchy. D) SUCCESSION OF GOVERNMENT 1.In succession of government, the integrity of the original State is not affect ed as what takes place is only a change in one of its elements, the government. 2. Effects of a change in government: --If effected by peaceful means, the new government inherits all rights and obli gations of the old government. --If effected by violence, the new government inherits all the rights of the old government. However, the new government may reject the obligations of the old government if they are of a political complexion. If the obligations are the co

nsequence of the routinary act of administration of the old government, they sho uld be respected. 2006 notes:state continues as a juristic being nothwithstanding changes in its c ircumstances, provided only that such changes do not result in the loss of any o f its essential elements. CLASSES OF STATES: A.Independent : has freedom to direct and control foreign relations without rest raint from other states. a.simple: single central government with power over internal and external affair s b.composite:2 or more sovereign states joined together to constitute one intern ational person which may be: -real union: 2/more states are merged under a unified authority so that they for m a single international person through which they act as one entity. -federal union: combination of 2/more states which upon merger, cease to be stat es ,resulting in the creation of a new state with full international personalit y to represent them in their external relations as well as certain degree of pow er over their domestic affairs and their inhabitants. Authority over internal affairs: divided between federal authorities and the mem ber-states Authority over external affairs: handed solely by federal authorities B.Dependent: an entity (although theoretically a state) does not have full freedom in the dir ection of its external affairs, such as protectorate (which is established at t he request of the weaker state for the protection by a strong power) or a suzerainty (which is the result of a concession from a state to a former co lony that is allowed to be independent subject to the retention by the former so vereign of certain powers over the external affairs of the latter) C.Neutralized Independence and integrity are guaranteed by an international treaty on the cond ition that such state obligates itself never to take up arms against any other state (except in self-defense) or to enter into an international obligation as w ould indirectly involved it in war. E) RECOGNITION: Act by which a state acknowledges the existence of another state, a government o r a belligerent community and indicates its willingness to deal with the entity as such under international law. Basic Rules on Recognition: Effect of recognition is the right to sue in the courts of the recognizing state . It is a political act and mainly a matter of policy on the part of each state; it is discretionary on the part of the recognizing authority and it is exercise d by the political (executive) department of the state. Thus, the legality and w isdom of recognition is not subject to judicial review. THEORIES ON RECOGNITION: Constitutive (Minority view): Recognition is the act which constitutes the entity into an international person . Recognition is compulsory and legal ,it may be compelled once the elements of a state are established. Declarative (Majority view) Recognition merely affirms an existing fact, like the possession by the state of the essential elements. It is discretionary and political.

REQUIREMENTS FOR RECOGNITION: Government is stable and effective with no substantial resistance to its authori ty ,the government must show willingness and ability to discharge its internatio nal obligations and government must enjoy popular consent or approval of the peo ple. 1.Tobar/ Wilson Doctrine: Precludes recognition of any government established by revolutionary means until constitutional reorganization by free election of representatives. 2.Stimson Doctrine: No recognition of a government established through external aggression. 3.Estrada Doctrine: Since recognition has been construed as approval (and non recognition, disapprov al) of a government established through a political upheaval, a state may not is sue a declaration giving recognition to such government, but merely accept whate ver government is in effective control w/o raising the issue of recognition. Dea ling or not dealing with the government is not a judgment on the legitimacy of t he said government. 2006 notes: the Holy See has all the constituent elements of statehood. It has a ll the rights of a state, including diplomatic intercourse, immunity from foreig n jurisdiction etc 2006 notes:in Holy See v delRosario: the SC distinguished Vatican City from the Holy See. The Holy See is an international person with which the Philippines had diplomatic ties since 1957. 2006 notes: A colony is a dependent political community consisting of a number o f citizens of the same country who have migrated therefrom to inhabit another co untry but remain subject to the mother state. 2006 notes: A dependency is a territory distinct from the country in which the s upreme sovereign power resides but belongs rightfully to it and subject to the l aws and regulations which the sovereign may prescribe. KINDS OF RECOGNITION: De facto Extended by recognizing state which believes that some of the requirements for r ecognition are absent. The recognition is generally provisional and limited to c ertain judicial relations, it does not bring about full diplomatic intercourse a nd does not give title to assets of the state held abroad. De Jure Extended to a govt fulfilling the requirements for recognition. When there is no specific indication, recognition is generally considered as de jure. Recognition is relatively permanent , brings about full diplomatic intercourse a nd observance of diplomatic immunities and confers title to assets abroad. Belligerent Occupation: Temporary military occupation of the enemy s territory during the war. The occupan t need not have its feet planted on every square ft of territory,provided it mai ntains effective control and military superiority therein,being able to send,in case of attack, sufficient forces to assert its authority within a reasonable ti me. (in depth discussion later) Conditions for Recognition of Belligerency: 1.organized civil government having control and supervision over the armed strug gle. 2.serious & widespread struggle with the outcome uncertain. 3.occupation of a substantial portion of the national territory 4.willingness on the part of the rebels to observe the rules/customs of war

2006 notes (1)Absence of any of the foregoing conditions will result merely in insurgency w hich is rarely recognized. (2)recognition may either be express or implied, the proclamation by the parent state of a blockade of a port held by the rebels is implied recognition of belli gerency, so is the proclamation of neutrality by a third state. Territories under international control or supervision. Non- self governing territories which have been place under international superv ision or control to insure their political, economic, social and educational adv ancement. An example are mandates which were former territorial possessions of the states defeated in world war 1 and placed under the control of the League of Nations. Many of these mandates became trust territories placed under the trusteeship cou ncil of the United Nations. 2006 notes: A condominium is a territory jointly administered by two states. F) RIGHT OF LEGATION Right of the State to send and receive diplomatic missions ,which enables States to carry on friendly intercourse. It is not natural or inherent right, but exi st only by common consent. No legal liability is incurred by the State for refusing to send/receive diploma tic representatives(Vienna Convention on Diplomatic Relations) Agents of Diplomatic Intercourse: a.Head of State: He is immune from criminal and civil jurisdiction except when h e himself is the plaintiff. b.Foreign Office: Actual day to day conduct of foreign affairs is usually entrus ted to a Foreign Office, headed by a Secretary or Minister who in proper case ma y make binding declarations on behalf of his government. A. HEAD OF MISSION Classification of Head of Mission: 1.Ambassadors head of the Diplomatic Corps (accredited to Heads of State) and othe r heads of mission of equal rank 2.Envoys,ministers and internuncios(accredited to Heads of State) 3.Charges de Affaires (accredited to Ministers of Foreign Affairs.) Immunity of Head of Mission: 1.Personal Inviolability: not be liable to any form jof arrest or detention. However, an envoy may be arre sted temporarily in case of urgent danger, such as when he commits an act of vio lence which makes it necessary to put him under restraint for the purpose of pre venting similar acts, but he must be released and sent home in due time. 2.Inviolability of Premises and archives: agents of receiving state may not enter without the consent of the envoy, except in extreme cases of necessity (fire or crime of violence w/in the premises). Se rvice of writs and summons is prohibited, even if the criminal takes refuge insi de. The fugitive should be surrendered upon demand by local authorities except w hen the right of asylum exist. But if it is the ambassador himself who requests local police assistance, this privilege cannot be invoke. 2006 notes: Vienna Convention provides that the receiving State has the special duty to protect diplomatic premises against invasion, damage or any act tending to disrupt the peace and dignity of the mission. However, in Reyes v Bagatsing: SC held invalid the denial by the Mayor of the application of permit to hold a p ublic assembly in front of the US Embassy there being no showing of a clear and present danger that might arise as a result of such rally.

3.Right of Official Communication 4.Exemption from taxes and custom duties 5.Immunity from Local Jurisdiction Diplomatic agent enjoys immunity from the civil and administrative jurisdiction of the receiving State, and thus, no civil action of any kind may be brought aga inst him ,even with respect to matters concerning his private life. As a rule, his properties are not subject to garnishment or seizure for debt or execution except in the ff: 1.any real action relating to immovable property situated in the territory of th e receiving state unless the envoy holds it on behalf of the sending state for t he purpose of the mission. 2.an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf o f the sending state. 3.an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving state outside his official functions. 4BLUE 95 notes: this immunity also means that the diplomatic agent cannot be com pelled to testify not even by deposition without the consent of his government, before any judicial or administrative tribunal in the receiving State. 6.Other Privileges: freedom of movement and travel in the territory of the recei ving state; exemption from all personal services and military obligations; use o f the flag and emblem of the sending State on the diplomatic premises and the re sidence and means of transport of the head of mission. Duration of Privileges: from the moment he enters territory of the receiving sta te and shall cease only from the moment he leaves the country or on expiry of a reasonable time in which to do so. 4BLUE 95 notes: Diplomatic Immunities may be waived but as a rule, the waiver ca nnot be waived by the individual concerned since such immunities are not persona l to him. Waiver may be made only by the government of the sending state if it concerns th e immunities of the head of the mission. In other cases,waiver may be made either by the government or by the chief of mi ssion. Waiver of this privilege does not include waiver of the immunity in respe ct of the execution of judgment, a separate waiver for the latter is necessary. B.CONSULAR RELATIONS Consuls are State agents residing abroad for various purposes but mainly in the interest of commerce and navigation. 2 important documents are necessary before the assumption of consular functions: 1.letters patent: letter of appointment or commission which is transmitted by th e sending state to the Secretary of Foreign Affairs of the country where the con sul is to serve. 2.Exequatur: authorization given to the consul by the sovereign of the receiving state, allowing him to exercise his function within the territory. Immunities(Vienna Convention on Consular Relations): 1. freedom of communication in cipher or otherwise 2. inviolability of archives but not of the premises where legal processes may b e served and arrests made 3. exempt from local jurisdiction for offenses committed in the discharge of off icial functions but not other offenses except minor infractions 4. exempt from testifying on official communications or on matters pertaining to consular functions 5. exempt from taxes, custom duties, military or jury service 6. may display their national flag and emblem in the consulate.

4BLUE 95 notes: these immunities and privileges are also available to the member s of the consular post, their families and their private staff. Waiver of immuni ties may be made by the appointing state. 2006 notes:consuls are liable for transactions done in their personal (private) capacity TERRITORY Fixed portion on the surface of the earth on which the State settles and over wh ich it has supreme authority. The components of the territory of the State are t errestrial, fluvial/maritime and aerial domains. 1.LAND TERRITORY 4BLUE 95 notes: jurisdiction over land territory is exercised by the State over everything found within its territorial domain save for the exemptions from base s of jurisdiction (latter topic) Modes of Acquisition: a.Discovery and Occupation territory not belonging to any state is placed under the sovereignty of the clai ming state. Discovery alone merely creates an inchoate right, it must be followed within a rea sonable time by effective occupation and administration. b.Prescription Continouos and uninterrupted possession over a long period of time, just like in civil law. In international law however, there is no rule of thumb as to the le ngth of time needed for acquisition of territory through prescription. 2006 notes: In connection above, 4 Blue 95 suggest that you consider Grotius Doc trine of Immemorial Prescription which speaks of uninterrupted possession going beyond memory. 2006 notes: Prescription is also a derivative mode of acquisition by which terri tory belonging to one state is transferred to the sovereignty of another state by reason of the adverse and uninterrupted possession thereof by the latter for a sufficiently long period of time. c.Cession It is a derivative mode of acquisition by which territory belonging to one stat e is transferred to the sovereignty of another state in accordance with an agree ment between them. d.Subjugation/ Conquest It is a derivative mode of acquisition by which the territory of one state is co nquered in the course of war and thereafter annexed and placed under sovereignty of the conquering state. e. Accretion Increase in land area of the state, either through natural means or artificially through human labor. 2.AIR TERRITORY 1. International Convention on Civil Aviation : the contracting parties recognize that every State has complete and exclusive sovereignty over the air space abov e its territory but this shall not include outer space, which is considered as re s communes. Other states have no right of innocent passage over air territory of another State. a.5 Freedoms of Air Transportation for Scheduled International services: -fly across the territory without landing

-land for non-traffic purposes -to put down passenger, mail ,cargo of flag country -land to take passenger,mail and cargo of flag territory -put down passenger ,mail and cargo from these territories. b.Pursuant to 1981 resolution of the International Civil Aviation Organization, intrusions into air space by civilian aircraft may be intercepted, but in no cas e shall the interception be attended with the use of weapons. 2006 notes: Military aircraft may, however, be shot down. 11.Outer Space States have the right ,under customary international law, to launch Satellites i n orbit over the territorial air space of other states. Outer space is free for exploration and use by all states, it cannot be annexed by any state, and it may be used exclusively for peaceful purposes(Outer Space T reaty of 1967). As such, nuclear weapons of mass destruction cannot be placed i n orbit. 4 Blue 95 notes: In 1972 Convention of International Liability for Damage Caused by Space Objects: States which launch objects into space may be held liable for the harmful contamination caused by such objects or for the damage which may be caused by falling objects. 2006 notes: Theories where outer space begins: 1.lowest altitude for artificial earth satellites to orbit without being destroy ed by friction(90 kms above earth) 2.theoretical limits of air flights (84 kms) 3.the functional approach, that the rules shall not depend on the boundaries set , but on the nature of the activity undertaken. 3.MARITIME TERRITORY Jurisdiction is same as land territory. However , in case of foreign merchant ve ssels docked in a local port or bay, the coastal State exercises jurisdiction in civil maters ,but criminal jurisdiction is determined by the ff: English Rule: State have jurisdiction over all offenses committed on board the v essel except those which do not compromise the peace of the Port(applicable in t he Philippines) French Rule:Flag State shall have jurisdiction over all offenses committed on bo ard the vessel except those which compromise the peace of the port. I.INTERNAL WATERS Bodies of water within the land mass, such as rivers, lakes, gulfs and bays. The UN Convention on the Law of Sea defines internal waters as all waters on the la ndward side of the baselines of the territorial sea. a.Rivers i.Thalweg Doctrine: For boundary rivers, in the absence of an agreement between the riparian States, the boundary line is laid on the middle of the main navigab le channel. ii.Middle of the Bridge Doctrine: Where there is a bridge over a boundary river, the boundary line is the middle or center of the bridge. II.ARCHIPELAGIC WATERS Archipelagic Doctrine: waters around, between and connecting the islands of the archipelago, regardless of their breadth or dimension, are to be treated as inte rnal waters. Straight Baseline Method: To determine the extent of the archipelagic waters, the archipelagic state shall draw straight baselines connecting the outermost points of the outermost island s and drying reefs provided that the ration of the area of water to the area of land is between 1:1 and 9:1. The length of such baseline shall not exceed 100 nautical miles ,except that up

to 3% of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum of 125 miles. The baselines drawn should not depart, to any appreciable extent from the general configuration of the archipelago. All the waters within the baselines shall then be considered as internal waters. The breadth of the 12-mile territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf shall then be measured from the archipe lagic baselines. 2006 notes: vessels may be allowed innocent passage within the archipelagic wate rs, but this right may be suspended ,after publication, in the interest of inter national security. The coastal State may also designate archipelagic sea lanes f or continuous ,unobstructed transit of vessels. III.TERRITORIAL SEA Belt of the sea located between the coast and internal waters of the coastal sta te on the one hand, and the high seas on the other, extending up to 12 nautical miles from the low water mark or in the case of archipelagic states, from the ba selines. GRULE: Ships(not aircraft) of all states enjoy the right of innocent passage th rough the territorial sea(not through internal waters). It is understood, howeve r, that the passage must be continuous and expenditious, except in cases of forc e majeure. Submarines and other underwater craft are required to navigate on the surface and to show their flag. 4BLUE 95 notes: Criminal jurisdiction over foreign merchant vessels shall be det ermined by the application of either the English or French Rule. Innocent passag e and involuntary entrance are recognized exceptions, provided that in case of i nvoluntary entrance ,the distress on the vessel must be real. IV.CONTIGUOUS ZONE Extends upto 12 nautical miles from the territorial sea. Although technically ,n ot part of the territory of the State, the coastal State may exercise limited ju risdiction over the contiguous zone ,to prevent infringement of customs, fiscal, immigration or sanitary laws. V.EXCLUSIVE ECONOMIC ZONE Extends upto 200 nautical miles from the low-water mark or the baelines, as the case may be. Technically ,the area beyond the territorial sea is not part of the territory of the state, but the coastal State may exercise sovereign rights ove r economic resources of the sea,seabed, subsoil, although other states shall hav e freedom of navigation and over-flight, to lay submarine cables and pipelines a nd other lawful means. 4BLUE 95 notes: states with overlapping exclusive economic zones are enjoined to enter into the appropriate treaty for joint exploitation and utilization of the resources in the area. VI.CONTINENTAL SHELF Comprises the sea bed and subsoil that extend beyond its territorial sea to a di stance of 200 miles from the baselines from which the territorial sea is measure d where the outer edge of the continental margin does not extend up to that dist ance. 4BLUE 95 notes:coastal state also enjoys the right of exploitation of oil deposi ts and other resources in the continental shelf. In case the continental shelf e xtends to the shores of another state, or is shared with another state, the boun dary shall be determined in accordance with equitable principles. VII.HIGH SEAS High seas are treated as res communes or res nullius, and thus ,are not territo

ry of any particular State. The traditional view is freedom of the high seas (th ey are open and available without restriction to the use of all States for the p urpose of navigation, flight over them ,laying submarine cables and pipes, fishi ng ,research, mining etc.. At present however, this rule is subject to regulation arising from treaty stipu lations (regulations to keep the sea from pollution or prohibiting nuclear testi ng). 4BLUE 95 notes: Any dispute arising form the UN Convention on the Law of the Sea shall be submitted for compulsory settlement to one of the tribunals having jur isdiction: -International Tribunal for the Law of the Sea -International Court of Justice -arbitral or special tribunals constituted under the UNCLOS Jurisdiction may be exercised by the State on the high seas over the following: a.Its vessels: flag state has jurisdiction over its public vessels wherever they are, and over its merchant vessels on the high seas. However, because of the flags of convenie nce controversy, the UN Convention on the Law of the Sea concedes that a vessel s hall have the nationality of the flag it flies, provided there is a genuine link between the State (whose flag is flown) and the vessel. b.Pirates: they are enemies of all mankind, they may be captured on the open sea s by the vessels of any state to whose territory they may be brought for trial a nd punishment. c.In exercise of the right to visit and search: Under the laws of neutrality, th e public vessels or aircraft of a belligerent State may visit and search any neu tral merchant vessel on the open seas and capture it if found to be engaged in a ctivities favorable to the other belligerent. d.under Doctrine of Hot Pursuit: State s vessels (warships, aircraft and other sh ips cleared and identifiable as being in government service and authorized to th at effect) may pursue the offending vessel into the open seas and capture it and bring it back to its territory. To be lawful ,the pursuit must have begun before the offending vessel has left t he territorial waters or the contiguous zone of the coastal state and it must be continuous and unabated. Jurisdiction over other territories: 1.assertion of personal jurisdiction over its nationals abroad 2.by virtue of its relation with other states, as when it establishes a protecto rate/condominium or administers trust territory or occupies enemy territory in t he course of war. 3.consequence of waiver of jurisdiction by the local state over persons and thin gs within the latter s territory (Foreign army stationed in the local State) 4.Principle of Extra-Territoriality: exemption of persons and things from the lo cal jurisdiction on the basis of international custom. Basis of Jurisdiction: 1.Territorial Principle: State may exercise jurisdiction within its territory. Exceptionally, it may have jurisdiction over persons and acts done outside its t erritory depending on the kind of jurisdiction it invokes. 2.Nationality Principle: State has jurisdiction over its nationals anywhere in t he world, based on the theory that a national is entitled to the protection of t he State wherever he may be, and thus, is bound to it by duty of obedience and a llegiance, unless he is prepared to renounce his nationality. 3.Protective Principle: State has jurisdiction over acts committed abroad (by na tionals or foreigners) which are prejudicial to its national security or vital i nterests. 4.Principle of Universality: state has jurisdiction over offenses considered as universal crimes regardless of where committed and who committed them. Universal

crimes are those which threaten the international community as a whole and are considered criminal offenses in all countries. 5.Principle of Passive Personality: State exercises jurisdiction over crimes aga inst its own nationals even if committed outside its territory. This principle m ay be resorted to it even if others are not applicable. Exemptions from Jurisdiction: a.Doctrine of State Immunity b.Act of State Doctrine: State should not inquire into the legal validity of th e public acts of another State done within the territory of the latter. c.Diplomatic immunity d.Immunity of the United Nations ,its Organs, specialized agencies, other intern ational organization and its officers. 4BLUE 95 notes: In World Health v Aquino: the search warrant issued for alleged violation of custom laws was ordered quashed, as the WHO official was entitled to the privileges and immunities of diplomatic envoys. 4BLUE 95 notes: In SEAFDEC v NLRC: it was held that SEAFDEC ,as an international agency,enjoys immunity from the legal writs and processes of the Philippines, s ince subjection to local jurisdiction would impair the capacity of such body to discharge its responsibilities impartially in behalf of its member States. e.Foreign merchant vessels exercising the right of innocent passage or arrival u nder stress. f.Foreign armies passing through or stationed in the territory with the permissi on of the State. g.Warships and other public vessels of another State operated for non-commercial purposes. TREATIES ( Art. 2, Vienna Convention on the Law of Treaties) A TREATY is: 1) an international agreement 2) concluded between States 3) in written form 4) governed by international law 5) embodied in a single instrument or in 2 or more related instruments. Q: If not in writing, is it still considered a treaty? A: Yes. Oral agreements between States are recognized as treaties under custom ary international law (but are extremely rare nowadays). DISTINGUISHED FROM EXECUTIVE AGREEMENTS A. Subject matter of Treaties 1. Political Issues 2. Changes in National Policy 3. Involve international arrangements of a permanent character B. Subject Matter of Executive Agreements [ 1. Have Transitory effectivity 2. Adjustment of details carrying out well-established national policies and tra ditions 3. Arrangements of temporary nature 4. Implementation of treaties, statutes, well-established policies C. Need for ratification by the Senate Ratification: act by which the provisions of a treaty are formally confirmed and approved by a State, and by which the State expresses its willingness to be bou

nd by the treaty. In the Philippines, the power to ratify is vested in the Presi dent, subject to concurrence by 2/3 of all members of the senate. 1. TREATIES AND INT'L AGREEMENTS -- While GOTIATE treaties with the President, such ate to become valid and effective (Art.7, 2. EXECUTIVE AGREEMENTS do not need to be the Constitution vests the power to NE must be RATIFIED by the 2/3 of the Sen Sec 21) ratified by the Senate

Accession (adhesion): process by which a non-signatory State becomes a party to a treaty. Thus, upon invitation or permission of the contracting parties, a thir d party who did not participate or who did not ratify may be bound by a treaty ( exception to Pacta Tertiis nocent nec prosunt treaties cannot impose obligations u pon States not parties to them) Reservation: Unilateral statement, made by a State when signing ,ratifying, acce pting ,approving or acceding to a treaty, whereby it purports to exclude or modi fy the legal effect of certain provisions of the treaty in their application to that state. The state making the reservation remains a party to the treaty provi ded that the reservation is compatible with the object and purpose of the treaty . To amend or modify provisions of the treaty, the consent of all parties is requi red. However, if allowed by the treaty itself, 2 states may modify a provision o nly insofar as they are concerned. PRINCIPAL RULES OF INTERNATIONAL LAW IN CONNECTION WITH TREATIES A. PACTA SUNT SERVANDA - Every treaty in force is binding upon the parties and m ust be performed by them in good faith. - this applies despite hardships on th e contracting State such as conflicts between the treaty and its Constitution. B. REBUC SIC STANTIBUS - A party is not bound to perform a treaty if there has b een a fundamental change of circumstances since the treaty was concluded. 1) it has been described as the exception to the rule of pacta sunt servanda. 2) justifies the non-performance of a treaty obligation if the subsequent condit ion in relation to which the parties contracted has changed so materially and un expectedly as to create a situation in which the exaction of performance would b e unreasonable. 3) Rebus sic stantibus may not be invoked as a ground for terminating or withdra wing from a treaty: a. if the treaty establishes a boundary b. if the 'fundamental change' is the result of a breach by the party invoking i t of an obligation under the treaty or of any other obligation owed to any other party to the treaty. C. JUS COGENS - a rule which has the status of a peremptory (i.e., absolute, unc ompromising) norm of international law. Elements: 1. a norm accepted and recognized 2. by the int'l community of States as a whole 3. as a norm from which no derogation is permitted. 4. It can only be modified by a subsequent norm having the same character. If a treaty, at the time of its conclusion, conflicts with jus cogens, it is voi d. Examples: (1) prohibition against the unlawful use of force; (2) prohibition against piracy, genocide, and slavery State Responsibility (1) it is the doctrine which holds a state responsible for any inj ury sustained by an alien within its jurisdiction. Because of an internatio nal wrong imputable to it, the state will be responsible if it is shown that it participated in the act or omission complained of or was remiss in redressing th e resultant wrong.

(2) Types of State responsibility a. Direct responsibility-attaches to the state if the wrongful act/omission was effected through any of its superior organs acting on its behalf b. Indirect responsibility (3) Conditions for the enforcement of the doctrine of state responsibili ty a. The injured alien must first exhaust all local remedies b. He must be represented in the int'l Claim for damages by his own state (ordin arily, individuals have no standing to bring a claim before international law). TREATY MAKING PROCESS: 1. negotiation 2. signing of the treaty 3. ratification 4. entry into force: a treaty enters into force in such manner and on such dat e as it may provide or as the negotiating parties may agree. In the absence of s uch a provision, the treaty enters into force as soon as the consent of all the parties to be bound by the treaty is established. a.Exchange of Instruments of Ratification Consent is deemed established with the exchange of the instruments of ratificati on, acceptance, approval or accession or if the treaty so provides, upon deposit of such instruments with a named depository, coupled with the notification to t he contracting states of such deposit. b.Registration with and publication by the United Nations: Every treaty and international agreement entered into by any member of the UN sh ould be registered as soon as possible with the Secretariat and published by it. Failure to register would not affect the validity of the treaty, however, the un registered instrument cannot be invoked by any party thereto before any organ of the united nations SETTLEMENT OF DISPUTES 1) AMICABLE METHODS A. NEGOTIATION- discussion by the parties of their respective claims and counte rclaims with a view to the just and orderly adjustment. B. INQUIRY - an investigation of the points in question with the view that thi s will contribute to the solution of the problem C. GOOD OFFICES - method by which a 3rd party attempts to bring the disputing states together in order that they may be able to discuss the issues in contenti on. D. MEDIATION- 3rd party actively participates in the discussion in order to re concile the conflicting claims. Suggestions of mediator are merely persuasive E. CONCILIATION- 3rd party also actively participates in order to settle the con flict. Suggestions of conciliator are also not binding. As distinguished from mediation, the services of the conciliator were solicited by the parties in disp ute. F. ARBITRATION- process by which the solution of a dispute is entrusted to an im partial tribunal usually created by the parties themselves under a charter known as the compromis. The proceedings are essentially judicial and the award is, b y previous agreement, binding on the parties. G.JUDICIAL SETTLEMENT- different from arbitration since judicial body is pre-exi sting; judicial settlement is compulsory and the law applied by the judicial tri bunals is independent of the will of the parties. It is now lodge with Internati onal Court of Justice. 4BLUE 95 notes: parties may resort to regional organizations to settle the dispu te. 2) HOSTILE/NON-AMICABLE METHODS

a.RETORSION - is a lawful act which is designed to injure the wrongdoing State. Ex.: cutting off economic aid (this is lawful because there is no legal obligati on to provide economic aid). b.REPRISAL - an act which would normally be illegal but which is rendered legal by a prior illegal act committed by the State against which the reprisal is dire cted; it is a form of retaliation against the prior illegal act. Reprisals may be used only when other means of redress (e.g. protests and warnin gs) have failed. Examples are: freezing of asset, boycott, blockade, non-intercourse c.SEVERANCE OF DIPLOMATIC RELATIONS 4BLUE 95 notes: Under the Uniting for Peace Resolution, adopted in 1950, if the security council due to lack of unanimity, fails to exercise its primary respons ibility to maintain peace and security ,the Gen Assembly shall consider the matt er immediately with a view to making recommendations to the members for collecti ve measures, including the use of armed forces when necessary. TREATMENT OF ALIENS No state is under obligation to admit aliens. The state can determine in what ca ses and under what conditions it may admit them. * Alien must accept the institutions of the state as he finds them. Accordingly, the alien may be deprived of certain rights (ex political and acquisition of la nds) however, local laws may grant him certain rights and privileges based on RE CIPROCITY, MOST FAVORED NATION TREATMENT or NATIONAL TREATMENT. ( 4BLUE 95 say s that these privileges conferred may be revoked, subject to treaty stipulations .) * The right to admit them includes the power to regulate the entry and stay of a liens and the state has the right to expel from its territory through deportatio n or reconduction. Explosion/deportation: On the ground that the stay of the alien constitutes a menace to the security of the state of that his entry was illegal, or that permission to stay has expired or that he has violated any limitation or condition prescribed for his admissio n and continued stay. Reconduction Forcible conveying of aliens back to their home state. Thus, destitute aliens ,v agabonds, aliens without documents ,alien-criminals may be arrested and reconduc ted to the frontier w/o any formalities. And the home state of such has the obli gation to receive them. MODES OF ENFORCEMENT OF CLAIMS Through negotiation, or if this fails, any of the other methods of settling disp utes like good offices, arbitration or judicial settlement. 4BLUE 95 notes: when the responsibility of the State is established, the duty to make reparation will arise. Reparation may take the form of restitution, or if not possible, satisfaction or compensation or all of these three together. ENFORCEMENT: 1.exhaustion of local remedies Alien must first exhaust all available local remedies since state must be given an opportunity to do justice in its own regular way and without unwarranted inte rference with its sovereignty by other states. 4BLUE 95: this remedy may be dispensed with if laws are intrinsically defective (since no remedies to exhaust is available( or where courts are corrupt. Calvo Clause:stipulation by which an alien waives/restricts his right to appeal

to his own state in connection with any claim arising from the contract and agre es to limit himself to the remedies available under the laws of the local state. --this does not mean to deprive alien s state of the right to protect or vindicate his interests in case they are injured in another state as such waiver can also be done by the State. 2.resort to diplomatic protection Tie of nationality must exist from the time of the injury until the time the in ternational claim is finally settled. UN may file a diplomatic claim on behalf of its officials. DOCTRINE OF STATE RESPONSIBILITY provides that the State is under obligation to make reparations to another state for the failure to fulfill its primary obligation to afford the proper protecti on that is due to the alien national of the latter state. It may be held liable for injuries and damages sustained by the alien while in the state s territory if: 1.act or omission constitutes an international delinquency The treatment of alien must amount to an outrage ,to bad faith ,willful negligen ce or insufficiency of govt action such that every reasonable and impartial man would readily recognize its insufficiency or inadequacy. International Standard of Justice: The standard of reasonable state which means reasonable according to ordinary me ans and notions accepted in modern civilization. Execution of an alien without t rial is considered falling below the international standard of justice. 4BLUE 95 notes: where the laws of the State fall below the international standar d, it is no defense that such laws are applicable not only to aliens but to nati onals ,as well. In such a case, the DOCTRINE OF EQUALITY OF TREATMENT does not a pply. 2.act or omission is directly or indirectly imputable to the state Even when the laws of the state conform to the international standard of justice , the act or omission causing damage to the alien may be indirectly imputable to the state if latter does not make reasonable efforts to prevent injury to the a lien, or having done so unsuccessfully, fails to repair such injury. The act or omission may either be committed by govt officials or by private individual (for the latter there was actual complicity of the govt in the act before and after either by directly ratifying or approving it or in the patent or manifest neglig ence in taking measures to prevent injury, investigate the case or in pursuing remedies. 3.injury to the claimant state indirectly because of damage to its nationals. EXTRADITION the surrender of a person by one state to another state where he is wanted for p rosecution or, if already convicted, for punishment. Basis of Extradition: a treaty. Outside of treaty, there is no rule in internat ional law compelling a State to extradite anyone. Such may be done, however, as a gesture of comity. 4BLUE 95: in absence of a treaty, the local state may grant asylum to the fugiti ve or if surrender is made, the same is merely a gesture of comity. Fundamental Principles: a) Principle of Speciality - a fugitive who is extradited may be tried only for the crime specified in the request for extradition ARE included in the list of e xtraditable offenses in the treaty.

4BLUE 95: Non-list types of extradition treaties are offenses punishable under the laws of both states by imprisonment of 1 year or more are included among the ex traditable offenses. b) Under the Political offense exception, most extradition treaties provide that political and religious offenders are not subject to extradition. 4BLUE 95: in order to constitute an offense of a political character , there must b e 2/more parties in the state, each seeking to impose the government of their ow n choice on the other. 2006 notes: under the attentat clause , the murder of the head of the state or any member of his family is not to be regarded as a political offense, neither is ge nocide. Q: The Philippines entered into an extradition treaty with another country which provided that it would apply crimes committed before its effectivity. The coun try asked the Philippines to extradite X for a crime committed before the effect ivity of the treaty. X argued the extradition would violate the prohibition aga inst ex post facto laws. Is he right? A: No. The constitutional prohibition applies to penal laws only. The extradi tion treaty is not a penal law. (Wright v. CA, 235 SCRA 341) c)based on consent: as expressed in a treaty or manifested as an act of goodwil l. d)in absence of special agreement, the offense must have been committed within t he territory or against the interests of the demanding state. e)the act for which the extradition is sought must be punishable in both the req uesting and requested states (rule of Double Criminality) Procedure: a.Request, accompanied by the necessary papers relative to the identity of the w anted person and the crime alleged to have been committed or of which he has alr eady been convicted, made through diplomatic channels to the state of refuge. b.Upon receipt of the request, state of refuge will conduct a judicial investiga tion to ascertain if the crime is covered by the extradition treaty and if there is prima facie case against the fugitive according to its only laws. If there i s, a warrant of surrender will be drawn and fugitive delivered to the state of r efuge. 2006 notes:SC ruled in Sec of Justice v Lantion that extradition proceedings are sui generic and are not criminal proceedings which automatically call into oper ation all the rights of accused as guaranteed in the Bill of Rights. 2006 notes: Extradition proceedings do not involve the question of guilt or inno cence of the person to be extradited. 2006 notes:Abduction of the fugitive in the state of refuge is not allowed,as it constitutes a violation of the territorial integrity of the state of refuge. Bu t if the abduction is effected with the help of the nationals of the state of re fuge itself, then ,the state of refuge cannot later demand the return of the fug itive. 2006 notes: Letters Rogatory are formal communication from a court in which an action is pending, to a foreign court, requesting that the testimony of a witnes s residing in such foreign jurisdiction be taken under the direction of the cour t, addressed and transmitted to the court making the request. SECRETARY OF JUSTICE V. HON. LANTION AND MARK JIMENEZ (G.R. # 139465, Oct. 17, 2 000, overturning the Court s previous decision in 322 SCRA 160 dated Jan. 18, 2000 ) By virtue of an extradition treaty between the US and the Philippines, the US re quested for the extradition of Mark Jimenez for violations of US tax and electio n laws. Pending evaluation of the extradition documents by the Philippine gover

nment, Jimenez requested for copies of the US' extradition request. The Secetar y of Justice denied that request. ISSUE: During the evaluation stage of the extradition proceedings, is private re spondent entitled to the two basic due process rights of notice and hearing? HELD: Private respondent is bereft of the right to notice and hearing during the evaluation stage of the extradition process. Extradition is a proceeding sui g eneris. It is not a criminal proceeding which will call into operation all the rights of an accused guaranteed by the Bill of Rights. The process of extraditi on does not involve the determination of the guilt or innocence of an accused. His guilt or innocence will be adjudged in the court of the state where he will be extradited. Dissent (original decision): Under the extradition treaty, the prospective extra ditee may be provisionally arrested pending the submission of the request. Beca use of this possible consequence, the evaluation process is akin to an administr ative agency conducting an investigative proceeding, and partakes of the nature of a criminal investigation. Thus, the basic due process rights of notice and h earing are indispensable. Assuming that the extradition treaty does not allow for such rights, the Constit utional right to procedural due process must override treaty obligations. When there is a conflict between international law obligations and the Constitution, the Constitution must prevail. ASYLUM Power of the state to allow an alien who has sought refuge from prosecution or p ersecution to remain within the territory and under its protection. This has nev er been recognized as a principle of international law. Territorial Asylum Exist only when stipulated in a treaty or justified by established usage. May de pend on the liberal attitude of the receiving state, on grounds of territorial su premacy Diplomatic Asylum Granted only if stipulated in a treaty, or where established usage allows it, bu t within narrowest limits or when the life or liberty of the person is threatened by imminent violence. 4BLUE 95 : In the Philippines, diplomatic asylum cannot be granted except to mem bers of the official or personal household of diplomatic representatives. On humanitarian grounds ,refuge may be granted to fugitives whose lives are in i mminent danger from mob violence but only during the period when active danger p ersists. REFUGEE Any person who is outside the country of his nationality, or if he has no nation ality, the country of his former habitual residence, since he has a well founded fear of prosecution by reason of race, religion, nationality or political opini on and is unable or ,due to such fear, unwilling to avail himself of the protect ion of the government of the country of his nationality or if he has no national ity, to return to the country of his former habitual residence. Essential elements: (a)outside country of his nationality or habitual residence, (b) lacks national protection, and (c) fears persecution. 4BLUE 95: Refugee is treated as a stateless individual, which he is either de ju re or de facto. 2006 notes: The refugee convention of 1991 does not deal with admission, but wit h non-refoulement that no contracting state shall expel or return a refugee in an y manner whatsoever to the frontiers of territories where his life or freedom

is threatened. The state is under obligation to grant temporary asylum to refug ees. WAR, BELLIGERENCY & NEUTRALITY WAR War is the contention between 2 states, through their armed forces, for the purp ose of overpowering the other and imposing such conditions of peace as the victo r pleases. War does not mean the mere employment of force, if a nation declares war against another, war exist, though no force has yet been used. On the other hand, in case of reprisal, force may already be used but no state o f war may yet exist. Outlawry(condemnations) of War a. Covenant of League of Nations, which provided conditions for the right to go to war b. Kellog-Briand Pact of 1928, aka General Treaty for the Renunciation of War, r atified by 62 states, which forbade war as an instrument of national policy. c. Charter of the United Nations, Article 2 of which prohibits the threat or use of force against the territorial integrity or political independence of a state . 3 Commencements of War (Hague Convention 1907) a.declaration of war b.rejection of an ultimatum c.commission of an act of force regarded by one of the belligerents as an act of war. Effects of Outbreak of War: a.laws of peace cease to regulate the relation between the belligerents and are superseded by the laws of war, while 3rd states are governed by the laws of neut rality in their dealings with the belligerents. b.diplomatic relations are terminated and their representatives are allowed to r eturn to their own countries. c.treaties of a political nature are automatically canceled, except those intend ed to operate during the war. d.individuals are impressed with enemy character whenever: 1.under nationality test,if they are nationals of the other belligerent wherever they may be. 2.under domiciliary test, if they are domiciled aliens in the territory of the o ther belligerent on the assumption that they contribute to its economic resource s 3.under activities test, being foreigners, they participate in the hostilities i n favor of the other belligerent. e.corporations/juridical persons where controlling stockholders are nationals of other belligerent are considered enemies. f.enemy property found in the territory of the other belligerent at the outbrea k of war is subject to confiscation, private property is subject to requisition (sequestration, private property at sea may be confiscated, subject to certain e xemptions). Conduct of Hostilities( War & Belligerency): 1.Principle of Military Necessity Belligerent may employ any amount of force to compel the complete submission of the enemy with the least possible loss of lives,time and money. This justified t he bombing of Hiroshima and Nagasaki. 2.Principle of Humanity Prohibits the use of any measure that is not absolutely necessary for the purpos es of war,such as the poisoning of wells,use of dumdum bells

3.Principle of Chivalry Prohibits the belligerents from the employment of perfidious or treacherous meth ods such as the illegal use of Red cross emblems etc Suspension of Hostilities: 1.suspension of arms Temporary cessation of hostilities by agreement of the local commanders for such purposes as gathering of the wounded and burial of the dead. 2.armistice Suspension of hostilities within a certain area or in the entire region of the w ar, agreed upon by the belligerents, usually for the purpose of arranging the te rms of the peace. 3.Cease-fire Unconditional stoppage of all hostilities, usually ordered by an international b ody. 4.Truce Conditional cease fire for political purposes 5.Capitulation Surrender of military forces, places or districts, in accordance with rules of m ilitary honor. Termination of War 1.Simple cessation of hostilities. The principle of uti possidetis, with respect to property and territory possesse d by the belligerents is applied 2.Conclusion of a negotiated treaty of peace 3.Defeat of one of the belligerents followed by a dictated treaty of peace or an nexation of conquered territory. War Crimes: acts for which soldiers or other individuals may be punished by the enemy on capture of the offender. War Criminal: any person who commits an act that violates a rule of internationa l law governing armed conflicts. 2006 notes: Philippines had the authority to try war criminals after World War 1 1 (Kuroda v Jalandoni) BELLIGERENCY Temporary military occupation of the enemy s territory during the war. Effect: No change in sovereignty ,but the exercise of the power of sovereignty i s suspended. Political laws, except the law on treason, are suspended. Municipal laws remain in force. Rights and duties of belligerent occupant: a. re-establish or continue the processes of orderly administration ,including t he enactment of laws b. adopt measures for the protection of the inhabitants c. requisition (sequester) goods with proper cash or future payment in non-milit ary projets. (conscription is prohibited) d. demand taxes and contributions to finance military and local administrative n eeds. Foraging: actual taking of provisions for men and animals by the occupatio n of troops where lack of time makes it inconvenient to obtain supplies by usual or ordinary methods. However, compensation must be at the end of the war. e. Issue legal currency f. Use enemy property, whether public or private ,but private property is subjec t to indemnification or return at the end of the war. Right of Angary: Right of a belligerent state, in cases of extreme necessity, to destroy or use n eutral property on its own or on enemy territory or on the high seas.

Postliminium: revival or reversion to the old laws and sovereignty of territory which has been under belligerent occupation once control of the belligerent occu pant is lost over the territory affected. 2006 notes:it is differ from uti possidetis since latter allows retention of pro perty or territory in belligerent s actual possession at time of cessation of host ilities. Judicial acts during the Japanese occupation which were not of political complex ion remain valid even after the liberation of Philippines. NON- HOSTILE INTERCOURSE 1.Flag of Truce White in color , indicates the desire to communicate with the enemy. The agent, called parlementaire, enjoys inviolability and is entrusted with the duty of negotiating with the enemy. 2.Cartels Agreements to regulate intercourse during the war, usually on the exchange of pr isoners of war. 3.Passport Written permission given by the belligerent government to the subjects of the en emy to travel generally in belligerent territory 4.Safe-Conduct Permission given to an enemy subject or to an enemy vessel allowing passage betw een defined points 5.Safeguard Protection granted by a commanding officer either to enemy persons or property w ithin his command , usually with an escort or convoy of soldiers providing the n eeded protection. 6.License to Trade Permission given by competent authority to individuals to carry on trade though there is a state of war. 2006 notes: Non-belligerency: use to describe the status of a state which did no t take part in military operations but which did not observe the duties of a neu tral. This is a status mid-way between a neutral and a belligerent, and is not r ecognized in international law. NEUTRALITY Non participation directly or indirectly in a war between contending belligerent s. It exist only during war and is governed by the law of nations (while neutralization is the result of a treaty wherein the conditions of the st atus are agreed upon by the neutralized state and other signatories.this exist b oth in times of war and in peace and governed by the agreement entered into by a nd between the parties) 2006 notes: Absolute neutrality cannot exist among UN members. Termination of Neutrality: Terminates upon the conclusion of a treaty of peace between the belligerents, or when the neutral state itself joins the war. Footnote: the FF are exempted from Civil Service(Public Officers): 1.Presidential Appointees

2.Jail Guards 3.AFP 4.PNP (except SPO s applicant 5.Firemen Rights and Duties of Neutrals 1.abstain from taking part in the hostilities and from giving assistance to eith er belligerent by: (1) sending of troops, (2) official grant of loans ,(3)carria ge of contra-band. a.contraband refers to goods which although neutral property, may be seized by a belligerent since they are useful for war and are bound for a hostile destinati on. Absolute-guns or ammunition which are useful in war Conditional-food and clothing Free list-medicines,exempt form law on contraband for humanitarian reasons. b.Doctrine of Ultimate consumption: goods intended for civilian use which may ultimately find their way to and be co nsumed by belligerent forces may be seized on the way. c.Doctrine of Infection innocent goods shipped with contraband may also be seized. d.Doctrine of Continuous voyage/transport goods reloaded at an immediate port on the same vessel or reloaded on another ve ssel or other form of transportation may also be seized on the basis of the doct rine of ultimate consumption. e.Engaging in Unneutral service: acts of a more hostile character than carriage of contraband or breach of blockade, undertaken by merchant vessels of a neutral state in aid of any of the belligerent. (transport of individual passengers who are members of the armed forces of the enemy) 2.Prevent its territory and other resources from being used in the conduct of ho stilities (ex:to be used as a base) 3.To acquiesce to certain restrictions and limitations which the belligerents ma y find necessary to impose such as: a.blockade hostile operation by means of which vessels and aircrafts of one belligerent pre vent all other vessels ,including those of neutral states from leaving or enter ing the port or coasts of the other belligerent ,the purpose of being to shut of f the place from international commerce and communications with other states. 2006 notes:to be valid, blockade must be: 1.binding- duly communicated to neutral states 2.effective-maintained by adequate forces so as to make ingress and egress from the port dangerous(limited only to the territory of the enemy and impartially ap plied to all states) b.visit and search (authority of prize courts) belligerent warships and aircraft have right to visit and search neutral merchan t vessels to determine whether they are in any way connected with the hostilitie s. Vessels captured are considered as a prize but they may not be confiscated summa rily, but brought before a prize court (a tribunal established by a belligerent under its own laws applying international law in absence of special municipal le gislation) NATIONALITY AND STATELESSNESS NATIONALITY means Membership in a political community with its concomitant righ ts an duties. The 1930 Hague Convention on Conflict of Nationality Laws states that determinat ion of nationality:

a) It is for each State to determine under its own law who are its nationals. Th is law shall be recognized by other States insofar as it is consistent with inte rnational conventions, international customs, and the principles of law generall y recognized with regard to nationality. b) Any question as o whether a person possesses the nationality of a particular State shall be determined in accordance with the law of that State. The modes of acquiring nationality are: a) Birth. The two principles on acquisition of nationality by birth are: i) jus sanguinis, i.e., by blood; and ii) jus soli, i.e., by place of birth. b)Naturalization. This mode may be accomplished through marriage, legitimation, option (election), acquisition of domicile, appointment to government office, or grant on applicat ion. In the Philippines, naturalization may be by judicial process, legislative process, election or marriage Moy Ya Lim Yao v. Commissioner of Immigration, 41 SCRA 292) However, there is no obligation on the part of the State of his nationality to r ecognize a person s newly acquired nationality. Municipal law may even prohibit th e renunciation of one s nationality under certain circumstances, as in the applica tion of the doctrine of indelible allegiance. An example is Commonwealth Act No. 63 which provides that one of the modes of losing Philippine citizenship is by subscribing to an oath of allegiance to support the Constitution or the laws of a foreign country, but a Filipino may no divest himself of Philippine citizenshi p in this manner while the Republic of the Philippines is at war with any countr y . see also Joyce v. Director of Public Prosecution, House of Lords, December 1 8, 1945. c)Repatriation. Recovery of nationality by individuals who were natural born citizens of a State but who had lost their nationality. Read Republic Act No. 8171, which governs r epatriation of Filipino women who have lost Filipino citizenship by reason of ma rriage to aliens, as well as the repatriation of former natural-born Filipino wh o lost Filipino citizenship. d) Subjugation. e) Cession. Loss of Nationality: i) release, e.g., Germany gives its citizens the right to as for release from th eir nationality; ii) deprivation, e.g., Philippines, which deprives its citizens of nationality u pon entry into the military service of another State [C.A. No. 63]; iii) renunciation, exemplified in C.A. No. 63; and iv) substitution, such as wha t happens when the former nationality is lost ipso facto by naturalization abroa d. Multiple Nationality Dual allegiance of citizens is inimical to the national interest and shall be dea lt with by law (Sec. 5. Art. IV Philippine Constitution} A person may find himself possessed of more than one nationality because of the concurrent application to him of the municipal laws of two or more States claimi ng him as their national. This may arise by the concurrent application of the pr inciples of jus sanguinis and jus soli, naturalization without renunciation of t he original nationality, legitimation, or legislative action. The 1930 Hague Convention on the Conflict of Nationality Laws provides the follo wing solutions to multiple nationality cases: a) A person having two or more nationalities may be regarded as its national be each of the States whose nationality he possesses, and a State may not give dipl omatic protection to one of its nationals against a State whose nationality that the person possesses.

b) If a person has more than one nationality, he shall, within a third State, be treated as if he had only one; the third State shall recognize exclusively eith er the nationality of the State in which he is habitually and principally reside nt, or the nationality o the State with which he appears in fact to be most clos ely connected. This is known as the principle of effective nationality. c) if a person, without any voluntary act of his own, possesses double nationali ty he may renounce one of them with the permission of the State whose nationalit y he wishes to surrender and, subject to the laws of the State connected, such p ermission shall no be refused if that person has his habitual residence abroad. STATELESSNESS. The status of having no nationality, as a consequence of being born without any nationality or as a result of deprivation or loss of nationality. 1. In 1954, under the auspices of the United Nations, twenty-two countries (incl uding the Philippines) concluded a Convention Relating to the Status of Stateles s Persons, under which the contracting States agreed to grant to stateless perso ns within their territories treatment at least as favorable as that accorded to their nationals with respect to: (a) freedom to practice their religion and free dom as regard the religious education of their children; (b) access to he courts of law; (c) rationing of products in short supply; (d) elementary education; (e ) public relief and assistance; (f) labor legislation and social security. 2. In that convention, the contracting States also agreed to accord stateless pe rsons lawfully staying in their territory treatment as favorable possible and, i n any even, not less favorable than that accorded to aliens generally in the sam e circumstances, relative to: (a) acquisition of movable and immovable property; (b) right of association in non political and non-profit making associations and trade unions; (c) gainful employment and practice of liberal professions; (d) housing and public education other than elementary education; (e) freedom o f movement. UNITED NATIONS 1. GENERAL ASSEMBLY Composition: All members of the UN (as of 1996: 185 member States) Function: The GA may discuss any question or matter within the scope of the Char ter or relating to the powers and functions of any other organ. It is also vest ed with jurisdiction over matters concerning internal machinery ands operations of the UN. 2. SECURITY COUNCIL Composition: 15 members: a) 5 Permanent Members (China, France, UK, US, Russia) b) 10 non-permanent: elected for 2 year terms by the General Assembly. Function: the maintenance of international peace and security. Q: What is the "double veto"? A: In all non-procedural matters, each permanent member is given a 'veto' - a Security Council decision is ineffective if even one permanent member votes aga inst it. The veto does not ordinarily apply to Procedural matters. However, a permanent member may exercise a 'double veto' when it vetoes any attempt to trea t a question as procedural, and then proceed to veto any draft resolution dealin g with that question. 3. SECRETARIAT - CHIEF ADMINISTRATIVE ORGAN OF THE UN 4. ECONOMIC AND SOCIAL COUNCIL - organ charged with promoting social progress an d better standards of life in larger freedom 5. TRUSTEESHIP COUNCIL - organ charged with administration of Int'l Trusteeship System. 6. INTERNATIONAL COURT OF JUSTICE - judicial organ of the UN.

USE OF FORCE Under Article 2(4) of the UN Charter, all member States are bound to refrain fro m the threat or use of force against the territorial integrity or political inde pendence of a State. Recognized exceptions: 1) self-defense 2) military action taken or authorized by the UN or competent Regional organizat ions (such as NATO). A CALVO CLAUSE is a provision inserted in contracts, in which the foreigner agre es in advance not to seek the diplomatic protection of his national State. In general, International Courts have disregarded such clauses, as the right to diplomatic protection is a right which belongs to a State, and waiver from an in dividual does not bind his State. STATE IMMUNITY (JURE IMPERII and JURE GESTIONIS) Originally, under customary international law the doctrine of absolute state imm unity applied, covering all areas of State activity and recognizing only very na rrow exceptions. Nowadays, the rule is to adopt a doctrine of qualified immunity -- that is, immu nity is granted to foreign States only in respect of their governmental acts (ac ts jure imperii), not in respect of their commercial acts (acts jure gestionis). DIPLOMATIC IMMUNITY Diplomatic Immunity is a principle of customary international law that grants im munity to diplomatic representatives, in order to uphold their dignity as repres entatives of their respective states and to allow them free and unhampered exerc ise of their functions. In the Philippines, immunity is claimed by request of t he foreign state for endorsement by the Department of Foreign Affairs. The dete rmination by the executive department is considered a political question that is conclusive upon Philippine Courts. INTERNATIONAL CONTRACTS Usually, agreements between States and foreign corporations contain stipulations as to which national legal system governs the contract. Occasionally, however, in case of powerful multinational companies, such contracts are placed not unde r any single system of municipal law, but under international law, general princ iples of law, or the provisions of the contract itself. The reason for concluding these so-called internationalized contracts is to esta blish a balance between the parties and prevent the State party from evading its obligations under the contract by changing its own internal law. This is mostl y secured by an arbitration clause referring disputes under the agreement to an international body. THE INTERNATIONAL COURT OF JUSTICE 1) "Optional Clause" of the ICJ: As a rule, the ICJ can operate only on the basis of the consent of States to its jurisdiction. Such may take the form of a special agreement between States to submit an existing dispute before the Court (i.e. compromis). However, under the 'optional clause' (art. 36(2), ICJ Statute), a State may decl are in advance that they recognize the jurisdiction of the Court as compulsory i pso facto and without need of special agreement, in relation to any other State accepting the same obligation, in all legal disputes concerning: a. the interpretation of a treaty; b. any question of international law c. existence of any fact which, if established, would constitute breach of inter national obligation; and d. nature or extent of reparation to be made for breach of international obligat

ion. 2) STARE DECISIS does not apply to the ICJ. Under the statute of the Court, pr evious decisions have no binding force; in practice, however, the Court always t akes past decisions into account. Q: What does it mean A: It is to rule in law. The ICJ has no agree thereto [art. to decide a case EX AEQUO ET BONO? justice and fairness -- equity overrides all other rules of power to decide a case ex aequo et bono, unless all parties 38(2), ICJ Statute].

Q: Who has standing before the ICJ? A: Only States may be parties in contentious proceedings before the ICJ (art 34 , ICJ Statute). ?? ?? ?? ?? PUBLIC INTERNATIONAL LAW