League of Nations

-its primary aim is to maintain and promote world peace through

disarmament and collective security
United Nations Organization
Structure of UN
6 Major Organs
1.
UN Trusteeship Council - operations are indefinitely suspended since
1994
Suppose to supervise the administration of the UN trust
territories -- territories that are previously held by the axis
2.
Economic and Social Council (ECOSOC)
Merely assist the General Assembly in promoting international
economic and social cooperation and development
Composed of 54 members elected by the GA who shall serve
for 3 years
Coordinates with other subordinate organs of United Nations
Coordinates with international financial institutions for tapping
international funds
3.
Secretary General
Secretariat - face of the UN
Appointed by the GA upon the recommendation of the
Security Council whose term shall 5 years
NO rules on who shall be the Secretary General but the
practice is: usually elected on the basis of geographical
location
Plays 3 key roles:
: serves as the Chief Administrative Officer; he runs the
headquarters of the UNO, including the hiring of staf
: serves as the de facto spokesperson of the UNO
: considered as a world mediator; under the UN Charter,
the Secretary General has the authority to bring to the
attention of the Security Council threats to international
peace and security
4.
General Assembly main deliberative and policy-making organ of
the UNO
Deliberative for the GA is the forum over which States voice
out their concern over what is happening in the international
community; does NOT have the power to pass laws that are
enforceable to member states, ONLY RESOLUTIONS and NOT
binding to member states but basis for future evolution of a
customary international law
Policy-making because GA holds the power of the purse
Regular session: September to December of every year
*Members right to vote is suspended when it fails to pay its due
in an amount equivalent to or in excess of two (2) years
contribution.
*Suspension may only be held in abeyance if that state could
prove that its non-payment of its contribution is due to causes
beyond its control.
5.
Security Council one of the more important organs of UNO
Primary function: maintenance of international peace and
security
15 members of the Security Council
- permanent: US, UK, Russia, France, and China
- non-permanent members: elected from the other member
states for a term of 2 years
*Under the UN Charter, there are 3 instances when use of force
is justified:
: when a state is engaged in an individual or collective
self-defense
: Security Council adopts enforcement measures
(military and/or non-military economic sanctions and
creation of military tribunals)
*The Chief of Staf of the permanent members shall lay
down the military strategy in case of military
enforcement measures.
: when there is an enforcement action by regional
arrangement for security
*How do the Security Council decide on matters brought before it?
Under the UN Charter, the Security Council has the power to
determine whether matters brought before it are procedural or
substantial in nature.
procedural: 9 affirmative votes are required from the UN Security
Council including the 5 permanent members
*Non-permanent members may prevail over the permanent
members even if they exercise their veto powers.
- substantial: at least 9 affirmative votes including ALL permanent
members
*Permanent members may actually exercise 2 veto powers (double
veto)
*Even if one permanent member will exercise its veto power, it can
defeat all of the other 4 permanent members and the 10 nonpermanent members.
*in dealing with a substantial matter and the affirmative votes of
ALL the permanent members are required, it is referred to as
Great Powers Unanimity.
*A non-UN member may seek refuge from Security Council but the
moment it does that, such state must agree to settle whatever
dispute it may have with other State through Pacific means or
peaceful means, and if not settled,
Security Council shall provide enforcement measures. Such state,
in efect, becomes an informal party to the UN Charter.
Military Staf Committee undertakes the field operation of the Security
Council

6.

International Court of Justice based in the Netherlands

Primary judicial organ of the UNO
In order to exercise jurisdiction over states, concern states
must give their consent to ICJ (ICJ, CANNOT on its own,
adjudicate international legal disputes)
2 kinds of Jurisdiction
:jurisdiction over disputed cases
=Ordinary jurisdiction of ICJ
:discharges advisory opinions
:on matters referred to it by the other organs of UN including
subsidiary organs
Operations of the ICJ are based on its Statute
*Can a non-UN member bring a dispute to the ICJ?
=Once a state becomes a member or a signatory to the UN
charter, automatically, it becomes a signatory to the ICJ
Statute.
=If a state is NOT a signatory to the UN Charter, but wants to
be a party to the ICJ Statute, it may do so upon the
recommendation of the Security Council and upon the
majority vote of the General Assembly.
=NOT a signatory to the UN Charter nor a party to the ICJ,
can NEVER fall under the jurisdiction of ICJ for ICJ shall ONLY
have jurisdiction over signatories of the ICJ Statute.
Members: 15 judges Term: 9 years
Selection of ICJ Judges under ICJ Statute
:nomination done by national groups as classified by the
Permanent Court of Arbitration (PCA) (1889 Hague
Convention Settlement of International Disputes)
-can adjudicate disputes not only among states but
private individuals and corporations
-commercial, territorial in nature for as long as parties
submitted to its jurisdiction
:submitted to Secretary General for listing nominees in
alphabetical order
:submitted to Security Council and General Assembly to elect
ICJ judges independent of each other
-absolute majority vote of both SC and GA
-if failed to come up with absolute majority vote after 3
rounds it shall be
:referred to joint conference committee to choose from
among the candidates whom they will endorse to the SC and
GA as a judge
-generally, they could only endorse somebody who
obtained the majority votes from either from SC or GA but by
a unanimous vote, they may endorse to the SC or GA a
nominee other than that who obtain the majority votes either
from SC or GA.
:in the event wherein the persons who were endorsed by the
joint conference committee, the SC and GA were not able to
elect from them, the decision shall be left to the remaining
members of the ICJ who will elect the judge who will fill-up
the vacancy but they can only elect from those who obtained
majority votes from either of the SC or GA.
Qualifications:
-good moral character
-highest judicial office in his/her respective country
-jurist consult of recognized competence in the
international law
Removal:
Under ICJ Statute, judges may be removed by a unanimous
vote of the other members on the ground that he/she ceases
to fulfil the required condition; unable to fulfil his duties
attributable by age or sickness (physical or mental)
NO appeal, however, parties to a legal dispute before the ICJ
may seek clarification as to the extent and scope of the
judgment; or move for revision of judgment if there is a newly
discovered evidence within the period of 6 months from the
discovery of the fact
Once parties have submitted themselves to the jurisdiction of
the ICJ, there are other matters that they have to accept:
-jurisdiction of the ICJ as regards to the interpretation of a
treaty
-any question of international law
-existence of fact which if established would constitute to a
breach of international obligation
-the nature and extent of the reparation to be made for
the breach of international obligation (subject to the
discretion of ICJ)

UN Charter: Supremacy Clause/International Constitutional Supremacy Clause

(Article 103)
If ever there is a conflict between the obligation of a state under the UN
charter and its obligations under other treaties, its obligation under the
UN charter shall prevail.
Rights of a State may be suspended under the UN Charter if it is a subject of
enforcement measures by the Security Council (violator)
*ICJ officer is NOT suspended; he serves the UN and NOT his country
*suspension connotes that a State could NOT exercise its rights and privileges
under the UN Charter (right to vote nor its citizens hold any position in any of
its organs)
*in order to suspend a state, 2/3 vote of the members of the GA upon the
recommendation of the Security Council

*Credentials known as consular commission is the one issued by the sending

state embodying the authority of the Consular Representative to act on behalf
of it.

Diplomatic and Consular Relations

Diplomatic Relations a state was able to establish friendly relations with
other states
Diplomatic Mission it usually carries with it the establishment of an embassy
- Bears with it comprehensive functions; politically, economically, militarily wise
and all the other aspects of governance
- Functions of a diplomatic mission: PORN-P
-Protection
-Observation
-Representation
-Negotiation
-Promotion & advertisement of friendly relations with other states
Consular Mission combined to economic concerns, trade concerns
*When a state allows another state to establish diplomatic mission that carries
with it the authority of allowing the establishment of consular mission. When a
state allows another state to establish a consular mission, it does not carry
with it that the state is allowed to establish a diplomatic mission.

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Consular Protection & Assistance

1.
Consular notification
-apprises a citizen that he has the right to request that his consular
office in the receiving state be notified
2.
Consular communication and access
-providing a lawyer; consular office must communicate with its citizens
*Consular officials may also be declared persona non grata.
Rights and Privileges of Consular Officials
1.
Inviolability of consular premises
-consent is deemed to have been given in case of fire or other
disaster requiring prompt protective action
2.
Personal inviolability
-Consular Representatives NOT exempt from crime but CANNOT be
detained while trial is going on but soon as they are convicted by
competent tribunal, they can be prosecuted
3.
Freedom of communication
-consular bag = may be opened for SERIOUS REASONS that it may
be requested for it to be search. If request is NOT granted, consular
bag may NOT be allowed entry it may only allowed to revert back
from its point of origin.
4.
Freedom of movement same with Diplomatic Officials
Concept of Special Mission
Ad hoc advocacy = temporary; as soon as it has fulfilled its mission
or function, its existence officially terminates
Missions that are entrusted in a specific diplomatic mission; NOT
continuing, only for a specific purpose
*Head of special mission are entitled to the same rights and privileges given to
ordinary Diplomatic Representatives. They may be declared persona non grata
if they are not acceptable but does not need to undergo agration.

*Performance of diplomatic mission functions are performed by diplomatic

representatives. Before they are allowed to function, they must undergo the
process of accreditation called agration.
Concept of Agration: If a sending state would like to send its diplomatic
representative to the receiving state, there must be consent from the receiving
state.
*The moment the sending state will insist on a particular diplomatic
representative, who is unacceptable to the receiving state, the receiving state
could always reject that diplomatic representative by not recognizing such
diplomatic representative and may be declared persona non grata, in efect,
his authority representing the sending state is officially terminated.
*If the proposed diplomatic representative is acceptable to the receiving state,
there is a document issued to him known as agrment. Thus, he may officially
assume his office. The reckoning period of the assumption of office is upon the
presentation of his credentialsauthority issued by the sending state.
*When the receiving state does not issue an agreement, it is not obliged to
explain for its refusal to accept the diplomatic representative.
Head of Mission the one who heads the diplomatic mission
-ambassador or nuncio diplomatic area is a major one
-envoys, ministers, & internuncios
-chargs d afaires
*If one ambassador will serve in two or more diplomatic missions, it requires
the consent of the receiving state.
*Diplomatic staf approval of receiving state is also necessary.
*Doyen or dean of the diplomatic service- determined by the most senior in
servicethe one presented first his credentials. It does not employ additional
powers; he shall only serve as the de facto states person of all the diplomatic
representatives in the receiving state.
Diplomatic Representative and Diplomatic Staf Privileges
Use of the flag and emblem of the sending state on the premises of the
Diplomatic Mission
The inviolability of the premises of the mission
Consequences:
=the receiving state has the duty to refrain from entering the premises
except when the consent of the head of the mission is given
*search warrants CANNOT be issued in a diplomatic mission NOR
compulsory processes be served
=the receiving state has the special duty to protect the premises of the
mission against any intrusion or damage or impairment of its dignity; it also
includes the official residence of the head of the Diplomatic Mission
Personal inviolability of a diplomatic agent
=duty of the receiving state to refrain from exercising its sovereignty rights
particularly law enforcement powers
=treat them with due respect & protect his person, freedom or dignity
*Civil cases which causes of action emanated from his performance of his
official function and criminal suits, head of mission is exempted. These
privileges may be waived.
Freedom from movement subject to security restrictions
Freedom of communication exemplified by the observance of diplomatic bag
any package, any communication which is declared by the head of mission
as part of its diplomatic immunity; thus, ABSOLUTELY immuned from search
to secure information gathered by the mission.
Exemption from taxation (income tax, realty taxes) except payment for the
services rendered, indirect tax, inheritance duties
Why are these privileges and immunities granted?
1.
Extraterritoriality theory
-The Diplomatic Mission, particularly its premises, is just the extension
of the territory of the sending state.
2.
Representation Theory
-privileges and immunities are granted to Diplomatic Representatives
because they personify the sending state
3.
Theory of Functional Necessity
-privileges and immunities are granted because they are indispensable
in the performance of the functions of the Diplomatic Mission
Consular Relations they only perform commercial, economic, cultural, and
scientific relations
Consular Representatives may be required to perform administrative functions:
-birth registration = acts as a civil registrar
-notarizes documents = red ribbon
-casting votes and voters registration
*Consular Representatives also go through the process of accreditation and
issued exequatur.

Law of Treaties governed by Vienna Convention on the Law of Treaties

entered on January 27, 1980 = govern treaties that entered into by states
*If the parties are non-statal entities, they are NOT governed by the
Vienna Convention on the Law of Treaties
entered into force = efectivity date
*When states into a treaty with non-statal entities, it is equivalent to an
express waiver. The state is allowing itself to be sued, in the same way that the
state can sue the non-statal entity.

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Requirements in order that a treaty may be covered by the Vienna Convention

on the Law of Treaties
There must be an agreement between the states
It must be in writing
It must govern matters governed by international laws
The treaty must have been approved (ratified) by the States in accordance
with their respective Constitutional processes Soft law subject of the treat
is NOT a subject of international lawNON-TREATY
It is enforceable but the manner of enforcing it is difficult

Stages in treaty-making/approving a treaty

1. Negotiation parties agree on the terms or provisions of the treaty;
synonymous to the meeting of the minds
*when it is a bilateral treaty, it must be a unanimous agreement
*when it is a multilateral treaty, they negotiate through conference. As a
general rule 2/3 vote of those who participated is needed; the state may
agree otherwise.
2. Signature process of authenticating the text of the treaty
*When a representative affixes his signature in a treaty, he is just certifying
that the contents of the proposed treaty are the very same terms that were
deliberated upon during the conference.
3. Ratification treaty shall be ratified in accordance with Constitutional
processes
4. Exchange of instrument of ratification instrument of ratification shall be
deposited to a designated depositaryentrusted with the diferent
instruments of ratification for safekeeping
*For UN, the depositary is the Secretariat. If ever states will enter into a
treaty and they do NOT deposit that treaty to the UN Secretariat, they could
NOT invoke the same before any UN organ including the ICJ.
*It is NOT always the UN Secretariat who shall be the depositary; parties
may enter into an agreement on who will be the depositary.
Accession party which bound itself to the provision of a treaty to which it is
NOT an original party; it did NOT participate in the crafting of a treaty by
exchange of accession but it may ONLY be allowed if parties EXPRESSLY agreed
thereto.
Concept of Full Powers refers to the document/instrument which embodies
the authority of a person to represent his state for the purpose of concluding a
treaty
*Need NOT be armed of full powers
-head of State, head of Government, or ministers of foreign afairs for the
purpose of performing ALL acts relating to the conclusion of a treaty
-heads of diplomatic mission/ambassadors ONLY on negotiation and signature
-representative accredited by states in an international conference or
international organization ONLY on negotiation and signature
Concept of Entry into Force of a Treaty

-Treaties may be entered into force:

-on date specified/determined by the parties; or
-upon the fulfilment of specific condition

Grounds in INVALIDATING a treaty

1. error, fraud, coercion or corruption of a representative of a state
2. violation of certain provisions of internal law regarding competence to
conclude treaties
*Article 27 of VC. A state may NOT invoke its internal law in order to extricate
itself or evade the performance of its treaty obligations
*purpose of ratification
-review whether the provisions of a treaty coincide with the provisions of
its existing internal laws
-whether the proposed treaty is beneficial to the state or not
3. if there is national breach
4. conflict with jus cogens norm; takes precedence over a treaty
5. if the performance of a treaty becomes impossible on the ground of
fundamental change of circumstance (Doctrine of Clausula Rebus Sic
Stantibus at the time that the treaty was entered into there is an existing
circumstance but at the time on which the obligation is to be performed,
there was already a material change of circumstance that makes it
impossible for a state to perform its obligation under the treaty)
*When a state acts the termination of a treaty on the ground of rebus sic
stantibus, in efect, it wants to extricate itself from the performance of a
treaty obligation.
*The treaty, itself, already provides the manner by which the states deal with
breaches of its provisions.
Doctrine of Reservation unilateral statement made by a party state which
seeks to exclude or to modify the legal efect of certain provisions of that
treaty in their application to that state
Requisites of a Valid Reservation

-in writing & must be communicated to other contracting parties

-it can ONLY be done when the treaty allows for reservation
General Rule: Reservation is allowed.
Exception:
1. reservations are expressly prohibited by the treaty
2. treaty provides NOT only specified reservations which do NOT include the
reservation in question
3. when reservation is incompatible with the object and the purpose of the
treaty
*If the treaty allows for reservation, NO acceptance is needed. However, if the
treaty does NOT expressly allow reservation, that is the time that the
reservation needs to be accepted by contracting states.
*If the treaty does NOT expressly allow a reservation but a reservation is made
and such is accepted by one contracting state and NOT by the others, the
reservation will ONLY afect or modify the obligation of the state who accepted
such but it will NOT modify in so far as other contracting states are concerned,
thus, the original treaty still exists.
Basic Principles in treaty-making
*Article 27 of Vienna Convention on the Law of Treaties: A party may not
invoke the provisions of its internal law as justification for its failure to perform
a treaty.
*Article 26 of Vienna Convention on the Law of Treaties: Every treaty in force is
binding upon the parties to it and must be performed by them in good faith.
Pacta Sunt Servanda
*Article 103 Supremacy Clause: Whatever treaty obligation a state may have
under existing treaties, those are inferior as compared to the obligation of a
state under the UN Charter.