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CHAPTER 1 THE NATURE OF INTERNATIONAL LAW Customary law—what are regarded as generally

accepted principles of law are in fact an expression
What is International Law? of what traditionally was call natural law
A body of rules and principles of action which are binding upon Some Dissenters International law—a combination of politics,
civilized states in their relation to one another morality and self-interest hidden under the
A law which deals with the conduct of the states and of international smokescreen of legal language
organizations and with their relations inter se, as well as with some of Pragmatic Theory International law is law because it is seen as such by
their relations with persons, whether natural or juridical states and other subjects of international law
Scope of International Law
a. Regulation of space expeditions Public International Law v. Private International Law
b. Division of the ocean floor
c. Protection of human rights Public International Law Private International Law
d. Management of international financial system Referred to as International Law Referred to as Conflict of Laws
e. Regulation of the environment Governs the relationship between and Domestic law which deals with cases
f. Preservation of peace among states and also their relations where foreign law intrudes in the
with international organizations and domestic sphere where there are
Is International Law a Law? individual persons questions of the applicability of
Henkin: It is probably the case that almost all nations observe all foreign law or the role of foreign
principles of international law and almost all of their obligations courts
almost all of the time
Brierly: The ultimate explanation of the binding force of all law is that
man, whether he is a single individual or whether he is associated with CHAPTER 2 SOURCES OF INTERNATIONAL LAW
other men in a state, is constrained, in so far as he is reasonable
being, to believe that order and not chaos is the governing principle of What Sources are
the world in which he lives Domestic Laws—found in statute books and in collections of court decisions
Some Theories about International Law Classifications of Sources
1. Formal sources—various processes by which rules come into existence
Command Theory Austin: Law consists of commands originating from a a. Legislation
sovereign and backed up by threats of sanction if b. Treaty making
disobeyed c. Judicial decision making
d. Practice of states
International law is not law because it does not 2. Material sources—identify what the obligations are
come from a command of a sovereign a. State practice d. Judicial decisions
Consensual Theory International law derives its binding force from the b. UN Resolutions e. Writings of jurists
consent of states c. Treaties
Art. 38(1) of the Statute of the International Court of Justice
Treaties—expression of consent 1. International conventions—establishing rules expressly recognized by
contesting states
Custom—voluntary adherence to common practices, 2. International custom—evidence of a general practice accepted as law
is seen as expression of consent 3. General principles of law recognized by civilized nations
Natural Law Theory Law is derived by reason from the nature of man 4. Subsidiary means for determination of rules of law
a. Judicial decisions
International law—application of natural reason to b. Teachings of the most highly qualified publicists
the nature of the state-person

叶清蓮 Public International Law P a g e |1

Restatement of Foreign Relations Law of the US Dissenting states: subsequent contrary practice

1. Customary Law o Dissenting states are bound by custom unless they had
2. International agreement consistently objected to it while the custom was merely in the
3. General principles common to the major legal system process of formation
o It is also possible that after a practice has been accepted as

Sources of International Law law, contrary practice might arise
1. Custom 4. Generally recognized principles of law
2. Treaties 5. Judicial decisions Fisheries Jurisdiction Case: if the contrary practice should
3. International agreements6. Teachings of highly qualified publicists gain general acceptance, it might instead become the law

Custom or Customary Law Evidence of state practice and opinio juris
A general and consistent practice of states followed by them from a a. Treaties
sense of legal obligation b. Diplomatic correspondence
Elements: c. Statements of national leaders and political advisers
1. Material factor—how state behaves d. Conduct of states
o Elements of Practice of sates or usus
a. Duration—may be either short or long; not the most Instant Custom
important element o A spontaneous activity of a great number of states supporting
a specific line of action
North Sea Continental Shelf Cases: Short duration, by
itself, will not exclude the possibility of practice The Martens Clause
maturing into custom provided that other conditions Until a complete code of laws of war has been issued, inhabitants
were satisfied. State practice should be extensive & & belligerents are protected under the rule on the principles of
uniform in the sense of the provision invoked, and the law of nations as they result from: usages of civilized people,
should have occurred in such a way as to show a general laws of humanity & public conscience
recognition that a rule of law or legal obligation is
involved. 2. Psychological or subjective factor—why they behave the way they
do
b. Consistency—continuity and repetition

Nicaragua case: for a new customary rule to be formed, not
Asylum Case: Colombia wanted Haya de la Torre be only must the acts concerned amount to a settled practice,
granted safe conduct & be a refuge. Columbia had not but must be accompanied by opinion juris sive necessitas
proven the existence of a constant & uniform practice of
unilateral qualification as a right of the State to refuge
and an obligation upon the territorial state.
c. Generality of the practice of states—uniformity and
generality of practice need not be complete but it must
be substantial

Nicaragua v. US: practice need not be in absolute
uniformity with the purported customary rule as long as it
is consistent with such rules.

Opinio Juris—belief that a certain form of behavior is obligatory

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treaty should prevail If a later treaty is contrary to a customary rile that has the status of jus cogens. being the expression of a later will. custom will prevail The later custom.Treaties Determine the rights and duties of states just as individual rights are determined by contracts Binding force comes from the voluntary decision of sovereign states to obligate themselves to a mode of behavior Treaties and Custom If the treaty is intended to be declaratory of customary law. at the time of its conclusion. should prevail A treaty is void if. it conflicts with a preemptory norm of general international law Preemptory norm of general international law = a norm accepted and recognized by the international community of States as a whole as a 叶清蓮 Public International Law P a g e |3 . it may be seen as evidence of customary law Adherence to treaties can be indicative also of adherence to practice as opinio juris If treaty comes later than a particular custom.

Contra legem—against the law. Pacts d. Covenants e. Annual publication of the Hague Academy of International Law Even oral agreement can be binding. Denmark: oral declaration can be binding case 2. Restatement of Foreign Relations Law of the US particular designation e. whether embodied in a single c. they are an expression of opinio c. if the parties agree thereto international agreement Kinds of Equity: 1. is an instrument whereby conventional or customary law Characteristics to make it binding: may be supplemented or modified in order to achieve justice 1. settle juris communis disputes. Soft Law—―Non-treaty Agreements‖. regulate commercial relations. they constitute an ex aequo et bono. norm from which no derogation is permitted and which can be 2. international agreements not concluded modified only by a subsequent norm of general international law as treaties and therefore not covered by the Vienna Convention on the having the same character Law of Treaties o Administrative Rules—guide the practice of states in relation General Principles of Law Recognized by Civilized Nations to international organizations This has reference to principles of municipal law common to the legal systems of the world CHAPTER 3 THE LAW OF TREATIES Judicial Decisions Decisions of the court have no binding force except between the Various names of Treaties parties and in respect of that particular case a. used to fill the gaps within the Australia v. if 3. Conventions c. they enumerate commitments parties have way restricted by the special power conferred upon it to decide a case consented. Qatar v. France and New Zealand: unilateral declarations law concerning legal or factual situations may create legal obligations. the law is adapted to the facts of the Norway v. International Law Association instrument or in 2 or more related instruments and whatever its d. The Institut de Droit International governed by international law. minutes are not a simple The Court’s recognition of equity as part of international law is in no record of the meeting. however. Protocols g. Charters f. There was a clear intent to be bound party which is engaged in a continuing non-performance of that obligation should not be permitted to take advantage of a similar non. Commitment was very specific Where 2 parties have assumed an identical or a reciprocal obligation. protect human rights. one 2. Modus vivendi Decisions do not constitute stare decisis b. come under the provisions of the Vienna Equity Convention When accepted. Sources of international law 1. Definition of Treaties The International Commission An international agreement concluded between States in written form and b. guarantee investments 叶清蓮 Public International Law P a g e |4 . they create rights and obligations. UN Resolutions—generally considered merely recommendatory but if b. Used to transfer territory. Charter of international organizations they are supported by all the states. Bahrain: exchange of notes between 2 heads of state performance of that obligation by the other party considered an international agreement. refusal to apply the law which is given publicly with an intent to be bound. Praeter legem—beyond the law. Concordat Decisions of the ICJ are not only regarded as highly persuasive in international circles but they have also contributed to the formulation 1969 Vienna Convention on the Law of Treaties of principles that have become international law Governs treaties between states Entered into force in January 1980 Teachings of Highly Qualified Writers and “Publicists” Publicists = institutions which write on international law a. it is binding seen as unjust Functions of Treaties Other Supplementary Evidence a. Intra legem—within the law. only written agreements that are new.

Saks: airplane passenger became 1 ear deaf. Approval the consent of the parties b. consistent with history of Warsaw Convention.Different Kinds of Treaties reaction. it conflicts with a preemptory norm of general international law various forms. may. meaning of the words b. Acceptance Convention 5. Accession 1. Objective approach—interpretation according to the ordinary extent of the jurisdictional obligation. so that states will know the contents & avoid misunderstanding Termination of Treaties 4. Authentication of text—signing of the document. Coercion of a State by the threat or use of force Bilateral Treaties In the nature of contractual agreements which create shared expectations such as trade agreements of 6. not passenger’s own internal 叶清蓮 Public International Law P a g e |5 . by all the parties to the treaty 2. Subjective approach—honors special meaning given by the parties principle of law governing termination on account of the breach and would be an impossibility. drafter by continental jurists. as an unusual or unexpected happening. Application of treaties afford the party affected a ground for invoking the o PACTA SUNT SERVANTA—every treaty in force is BINDING upon the termination or suspension of the treaty parties and must be PERFORMED by them in GOOD FAITH o A party may NOT INVOKE INTERNAL LAW as justification for its Fisheries Jurisdiction Case: changes of circumstances which must be failure to perform a treaty regarded as fundamental or vital are those which imperil the existence o It is binding upon each party in respect of its entire territory unless a or vital development of one of the parties. Create the norms conduct of the parties. Signature e. whereby it purports to exclude or to modify the legal effect of an object indispensable for the execution of the treaty certain provisions of the treaty in their application to the State 3. it would be contrary to the general c. Ratification g. Exchange of Instruments f. Error—relates to a fact or situation which was assumed by that State to Treaties‖. Teleological approach—interpretation according to the telos or Namibia Case: if revocation only takes place with the concurrence of purpose of the treaty the mandatory (South Africa). 8. Coercion of a Representative of a State Mechanism 2. Multilateral Treaties Open to all states of the world. at the time of its conclusion. Corruption of a Representative of a State Collaborative 1. Supervening Impossibility of Performance a State. ―Contract Treaties‖ Amendment and Modification of Treaties The Making of Treaties Amendment—formal revision done with the participation. ―Accident‖ termination cannot be required. Power to negotiate Modification—involves only some parties 3. Repudiation of the treaty not sanctioned by the present d. under certain conditions. approving or acceding to a o Results from the permanent disappearance or destruction of treaty. Violation of jus cogens—treaty is void if. Material Breach c. Consent to be bound: Terminated or suspended according to the terms of the treaty or with a. Violation of a provision essential to the accomplishment of the negotiation may express their consent to be bound object or purpose of the treaty 6. Entry into force of treaties—date agreed or once consent given (but o Resulted in a radical transformation of the extent of the provisional application can also apply) obligations imposed by it. Accession to a treaty—states which did not participate in the initial b. Change in circumstance different intention appears in the treaty or is otherwise established alleged by Iceland cannot be said to have transformed radically the 9. Fraud—State has been induced to conclude a treaty Treaties that create Operate through the organs of the different states 3. Facts to prove: text of Warsaw Convention. at least in its 1. Consent of the wrongdoers to such a form of Air Frace v. Reservations—unilateral statement. made by 2. Interpretation of Treaties a. Other means if so agreed a. however phrased or named. when signing. Regional 5. Negotiation—foreign ministries. accepting. US Court precedence which are the basis for a general rule of law Invalidity of Treaties Can either be Codification Treaties or ―Law Making 1. ratifying. diplomatic conferences initial stage. Universal scope 4. or both exist at the time when the treaty was concluded and formed 2. Rebus sic stantibus 7.

Monism Before an international tribunal. Municipal law subsumes and is superior to Art. modify its law to make it conform to the agreement Czechoslovakia did not act unlawfully when it constructed works. and progress of international arena environmental knowledge and international environment law are not of A state which has violated a provision of international law cannot such nature that would radically transform obligations. 2. 33 domestic law through the appropriate constitutional machinery such as an act of Congress or Parliament Authority to Terminate o Treaties do not become part of the law of a state unless it is Belongs to the one who has authority to enter into the treaty consented to by the state In the Philippines. Follows the dualist tradition and blocks domestic law from entry into the reduced economic viability of the project. however. regulate state Domestic courts are bound to apply the local law Municipal law As to their Law of sovereign Law between Should a conflict arise between an international agreement and the must prevail substance over individuals sovereign states Constitution. the treaty will not lose its character as an Municipal laws (supported by Kelsen) international law belong to only one system of law Head Money Case: treaty is not superior to acts of Congress 叶清蓮 Public International Law P a g e |6 . 2 of the Constitution: only customary law and treaties which have become part of customary law become part of Philippine law by incorporation CHAPTER 4 INTERNATIONAL LAW AND MUNICIPAL LAW Conflict between International Law and Domestic Law: International Rule Dualism v. 46 of Vienna Convention = in cases where the constitutional Dualist or As to Product of local Treaties and custom violation was manifest and concerned a rule of its internal law of Pluralist Theory source custom or of grown among states fundamental importance legislation Manifest = objectively evident to any State conducting itself in the matter *when As to Regulates relations Regulates relations in accordance with normal practice and in good faith international and relations between individual between states municipal law are they persons under the Conflict between International Law and Domestic Law: Municipal Rule in conflict. even if *International and B. authority to conclude treaties is shared between the 2. 5 of the Constitution explicitly recognizes the power of the international law Supreme Court to declare a treaty unconstitutional. International Law in Domestic Law Procedure for the Termination of Treaties How does international law become part of domestic law for dualists? 1. 8. Changes of political nature. Doctrine of Transformation 2. carry out the measure proposed o It must be expressly and specifically transformed into 3. Doctrine of Incorporation Senate and the President o They become part of the law of the land Succession to Treaties Philippines adheres to the dualist theory and at the same time adopts Clean Slate Rule: newly independent state is not bound to maintain in the incorporation theory and thereby makes international law part of force or to become a party to any treaty by reason only of the fact that at domestic law International law can be used by Philippine courts to settle domestic the date of the succession of states. International law is superior to Domestic Law declared unconstitutional. Sec. Violation of justify itself by recourse to its domestic law other treaty rules or of general international law may justify taking of A state which has entered into an international agreement must certain measures but not constitute a ground for termination. follow Art. If there is an objection. If no objection. Notify other parties of ground and measure proposed 1. the treaty was in force in respect of disputes the territory to which the succession of state relates Art. a state may not plead its own law as an excuse for failure to comply with international law Municipal Law International Law Exception: Art. Danube Dam Case: impossibility of performance may not be invoked Municipal Law in International Law when it results from that party’s own breach. Sec. the treaty would not be valid and operative as domestic Monism or Two theories: law Monistic Theory A.

Of people within an entity to be given autonomy International law has not recognized a right of secession from a legitimately States—predominant actors. if one or more of its have all the elements of a state boundaries are disputed. To overthrow effective rulers and establish a new government—the Objects of International Law—those who indirectly have rights under or are assertion of the right of revolution beneficiaries of international law through subjects of international law c. and possession an organized government to which the great body of Recognition of States—the act of acknowledging the capacity of an entity to inhabitants render habitual obedience exercise rights belonging to statehood Commencement of their Existence Can an entity claim to be a state before it is recognized by other states? Declaratory Theory Constitutive Theory State. Great Britain made claims on the basis of the injuries done to its nationals caused by the annulments. people freely determine their political status and freely pursue their economic. existing state permanently occupying a definite portion of territory. Government—that institution or aggregate of institutions by which an independent society makes and carries out those rules of action THE TINOCO ARBITRATION which are necessary to enable men to live in a social state FACTS: It is the National Government that has legal personality and it is Government of Costa Rica was overthrown by Tenneco. the unsatisfied country will Principle of Self-determination—sovereignty as an element of a state is have to present its complaint to the executive. a community of persons more or less numerous. Does not involve Establishment of New State—simply involves claims a. Permanent population—PEOPLEa community of persons sufficient Its being a state depends upon its It is what makes a state a state and in number and capable of maintain the permanent existence of the possession of the required elements confers legal personality on the entity community and held together by a common bond of law and not upon recognition States may decide to recognize an 2. Whitney v. the old constitution was restored and Temporary absence of government does not terminate the a Law of Nullities was passed annulling contracts concluded during the existence of a state Tenneco regime. social and cultural development CHAPTER 5 SUBJECTS OF INTERNATIONAL LAW STATES Levels of claim to Self-determination Subjects of International Law—entities endowed with rights and obligations in 1. independent of external control. Robertson: courts will construe a treaty and an act of 4. or if some of its territory is claimed by another state Recognition of Government—act of acknowledging the capacity of an entity to An entity does not necessarily cease to be a state even if all its exercise powers of government of a state territory has been occupied by a foreign power or if it has If a change in government in an existing state comes about through otherwise lost control of its territory temporarily ordinary constitutional procedure = recognition by others comes as a matter of course 3. Defined territory—an entity may satisfy this requirement even if entity as a state even if it does not its boundaries have not been finally settled. Capacity to enter into relations with other States— legislation as to give effect to both. SOVEREIGNTYindependence from outside control the one last in date will control the other. Establishment of New State—the claim by a group within an the international order and possessing the capacity to take certain kinds of established state to break away and form an new entity action on the international plane 2. The latter’s such that is internationally responsible for the actions of other government entered into contracts with British corporations. related but not identical to this principleby virtue of this. To be free from external coercion Those with international personality b. as a person of international law. When agencies and instrumentalities of the state Tenneco retired and left the country. not to the courts. should possess the following qualifications: (Montevideo Convention of 1933 on Rights and Duties of Recognition is merely ―declaratory‖ of Recognition ―constitutes‖ a state the existence of the state States) 1. 叶清蓮 Public International Law P a g e |7 . But if the two are inconsistent.

o Responsibility for the public debt of the predecessor. Right of legation 叶清蓮 Public International Law P a g e |8 . ISSUE: Succession of States What is the status of the Tinoco regime in international law? Views on Succession A. is usually appropriate evidence that it has not the predecessor attained the independence and control entitling it by international law to be classed as such Issues on Succession of States The rule that a revolution contrary to the fundamental law of the existing 1. at least. Independence—capacity of a state to provide for its own well-being b. access to them may be suspended treaties do not deprive a state of independence Admission of a government to the UN does not mean recognition by all o There is duty not to interfere in the internal affairs of other states members but only to the extent of the activities of the organization o Rights flowing from independence: Recognition of a regime is terminated when another regime is a. Clean Slate Theory—when part of a state becomes a new state. gains increased prestige and stability a. although not recognized by the political arm of US b. rights and duties of the law. Loans are facilitated and development free from the domination of other states c. a government territory of a state becomes territory of another state. Moving Treaty Rule / Moving Boundaries Rule—when part of the corporation is the creature of the East German Government. Succession to territory—when a state succeeds another state with government cannot establish a new government is not true in international particular territory. may nevertheless have de facto existence which is juridically of the absorbed states are terminated cognizable. it and obligations arising either as a result of activity in. Succession to state property—this is subject to agreement between power. predecessor state with respect to that territory terminate and are assumed by the successor state Non-recognition may have aided the succeeding government to come into 2. c. Jurisdiction over its territory and permanent population recognized b. to the exclusion of d. When a state is absorbed by another state. the new state does not succeed to the international agreements to which In traditional law. once recognized. or with persons or accepts such agreements corporations within. the functions of a state Absence of formal recognition bars an entity from all these benefits o Restrictions upon a state’s liberty either from customary law or from or. the not recognized by US. MERCURY BUSINESS MACHINES CO. the acts of such government may affect private rights the predecessor state was a party unless. Uti possidetis Rule—pre-existing boundary and other territorial agreements continue to be binding notwithstanding Consequence of Recognition or Non-Recognition A government. sues as the assignee of a trade acceptance drawn on and accepted by defendant in payment for business typewriters sold and 4. Military and financial assistance also come within reach others. and individual. international agreements Government. Successor state assumes all obligations and enjoys all the rights of national personality. Fundamental Rights of States Doors of funding agencies are opened 1. the capacities. Access to foreign courts and immunity from suit are gained o Right to exercise within its portion of the globe. It alleges that the foreign a. states concerned UPRIGHT v. d. the territory controlled by such de facto government. Succession to treaties delivered to it by a foreign corporation. and rights and obligations under its contracts remain with the predecessor state but FACTS: is subject to certain exceptions Plaintiff. international agreements of the predecessor state cease to have effect in respect of the territory HELD: o Relief from treaty obligation is rebus sic stantibus A foreign government. expressly or impliedly. The new state succeeds to no rights or obligations of the HELD: predecessor state but begins with a tabula rasa The non-recognition by other nations of a government claiming to be a B. Succession to contracts—this is subject to agreement between the succeeding government in the nature of a fraud or breach of good faith. but subsequent presentation of claims based on the de facto predecessor and successor states existence of the previous government does not work an injury to the 3. Right to self-defense c.

to which the well-established rules of treaty interpretation money. 4. the doctrine means one state. they possess subsidiary powers which are not expressly provided for in the basic instruments which govern their Some Incomplete Subjects activities. privileges and immunities of an international organization. by virtue of PD 1620. 1. 3. except in cases Constituent instruments of international organizations are multilateral arising out of or in connection with the exercise of its powers to borrow treaties. Federal state—a union of previously autonomous entities HELD: o The central organ will have personality in international law but the IRRI was organized and registered with SEC as a private corporation subject extent of international personality of the component entities can be to all laws and regulations. However. NLRB ISSUE: CHAPTER 6 OTHER SUBJECTS OF INTERNATIONAL LAW w/n NLRC could assume jurisdiction over a case of illegal dismissal against ADB INTERNATIONAL ORGANIZATIONS An organization that is set up by treaty among 2 or more states which HELD: have international personality ADB enjoys immunity from every form of legal process. their powers and privileges are by no means like those of states since it is limited by the constitutional instrument that created them 叶清蓮 Public International Law P a g e |9 . For all practical purposes. Non-governmental organizations (NGO)—set up by private persons Although international organizations have personality in international law. one invested by the States which create them with powers. it full protection for labor guaranteed in the Constitution. IRRI 2. 3. Taiwan—a non-state territory which de jure is part of China The objective of the grant of immunity is to avoid the danger of partiality and interference by the host country in their internal workings. Vassal states These immunities come from the conventional instrument creating c. The Sovereign Order of Malta—the Italian Court of Cassation in 1935 result of the protective blanket that has been wrapped around IRRI is the recognized its international personality efforts of employees to seek redress for violations of labor rights have been repeatedly rebuffed by SC. The Holy See and Vatican City—recognized under Lateran Treaty. or to buy and sell or underwrite the sale apply of securities. to guarantee obligations. mutual non-aggression. Autonomous states not from sovereignty b. the limits of which vote are a function of the common interests whose promotion those States entrust to them. it was granted a problem the status. Protectorates—dependent states which have control over their internal affairs but whose external affairs are controlled by another state. The end 5. this was replaced by trusteeship system be on the same footing as the International Catholic Migration Commission. non-interference in each other’s affairs an express statement in their constituent instruments but in order to and the principle of equality achieve their objectives. Dependent sates KAPISANAN NG MGA MANGGAGAWA v. Semi-sovereign them d. prerogatives. Peaceful Co-Existence—mutual respect for each other’s territorial integrity and Powers conferred on international organizations—normally the subject of sovereignty. Mandated and Trust Territories—territories placed by the League of nations under one or other of the victorious allies of WWI SC has consistently recognized the immunity granted to IRRI declaring it to o After WWII. 2. referred to as Immunities—based on the need for the effective exercise of their functions and a. they are denied the 6. has no permanent population DFA v. Equality—equality of legal rights irrespective of size or power of the Advisory Opinion on the Use of Nuclear Weapons state International organizations—governed by the Principle of Specialtythey are o Within the General Assembly.

Malaysia. of international peace and security Philippines. Appeal was made to the political character of Liang as an for 3 year terms agent of international organization. International Civil Aviation Organization (ICAO) International Constitutional Supremacy Clause—in the hierarchy of 3. World Health Organization (WHO) international organizations. for grave 3. Singapore and Thailand 叶清蓮 Public International Law P a g e | 10 . o Secretary General—elected to a 5 year term by General development of friendly relations among nations. AQUINO o There are 15 member states. 24. an ADB official. 8. international cooperation in solving international problems of an subject to veto power economic. Food and Agricultural Organization (FAO) so if there is a conflict with other international agreement. cultural and humanitarian character. social. Scientific and Cultural Organizations UN is enjoined against intervening in matters which are essentially within (UNESCO) the domestic jurisdiction of any state 2. decision on whether a matter is procedural or not requires the concurrence of the permanent members JEFFREY LIANG v. it is then the duty of b. Security Council—has primary responsibility for the maintenance the Bangkok Declaration by the 5 original member countries: Indonesia. and where the plea of diplomatic immunity is recognized and a. this discretion. Secretariat—comprises a Secretary General and such staff as the Came into being on Oct. military or political b. obligations 5. Economic and Social Council (ECOSOC)—has 54 members elected oral defamation. hence. International Monetary Fund (IMF) Principal organs of UN: 1. 5. 1994 to acts performed in an official capacity. Thailand with the signing of 2. WHO v. PEOPLE o Abstention = veto FACTS: This involved a criminal complaint against Liang. Important questions—decided by 2/3 majority of the regional problems in general or with specific matters be they members voting and present economic. All other matters—requires 9 affirmative votes. the UN occupies a position of preeminence 4. 1967 in Bangkok. but limited independent on Oct. General Assembly—it has plenary power in the sense that it may Regional Organizations—they are neither organs nor subsidiary organs of UN discuss any question or any matters within the scope of the They are autonomous international organizations having an Charter institutional affiliation with UN by concluding agreements with UN o GA distinguishes between Created by international agreements for the purpose of dealing with a. 1. Other questions—decided by the majority ASEAN—established on Aug. achievement of Assembly upon the recommendation of the Security Council. United Nations Educational. World Bank under the UN Charter shall prevail 6. 1945 Organization may require A universal organization charged with peacekeeping responsibilities. 5 permanent and the others are HELD: elected for 2 year terms in accordance with equitable Diplomatic immunity is essentially a political question and courts should geographic representation refuse to look beyond a determination by the executive branch of the o Distinguishes between government. and the promotion of human rights and fundamental freedoms for all human Other Agencies: beings without discrimination 1. Procedural matters affirmed by the executive branch of the government. including the courts to accept the claim of immunity upon appropriate suggestion by the concurring votes of the permanent members the principal law officer of the government or other officer acting under o The Charter does not specify what matters are procedural. Trusteeship Council—supervises non-self governing territories HELD: o The Council suspended operations after Palau became Immunity granted to officers and staff of ADB was not absolute. 4. International Court of Justice (ICJ)—principal judicial organ of the UN The United Nations: Structure and Powers 6.

Cambodia in 1999. OUTER SPACE a. airspace and outer space international personality‖ a. Brunei Darrusalam joined on Jan. cruel treatment and torture o There is abandonment when occupant leave the territory with the b. 1994. or a racist regime or foreign occupation c. it degrading treatment must be accompanied by effective control d. There is the ultimate goal of controlling a definite territory THE ISLAND OF PALMAS d. They are recognized as having belligerent status against the de jure government b. 8. in particular. but some treaties have c. Outrages upon personal dignity. Discovery and Occupation character o Occupation—acquisition of terra nulliusterritory which prior to Prohibited acts under Article 3: occupation belonged to no state or which may have been abandoned a. if liberate or they might find a base in a friendly country nomadic. In 1898. of what was the former Netherlands East Indies. Laos INDIVIDUALS and Myanmar on July 23. The island is located between Mindanao. Possess limited rights and obligations (deriving from customary 3 main objectives: international law) in international law a. were socially and politically organized into tribes and under chiefs competent to represent them. murder of all kinds. b. in particular. individuals still have to big power rivalry rely on the enforcement power of states. AIR. Spain ceded the Philippines to the 叶清蓮 Public International Law P a g e | 11 . social and cultural development of the region Obligations of individuals are those arising from the regulation of through cooperative programs armed conflicts b. 1997. 1995. colonial powers Characteristics: The information furnished to the Court shows that at the time of a. They must have an organization capable of coming into contract FACTS: with other international organizations Palmas (Miangas) is an island of little economic value or strategic location. known as Nanusa. Vietnam on July 28. Serve as a forum for the resolution of intra-regional differences provided for the right of individuals to petition international bodies alleging that a contracting state has violated some of their human INSURGENTS rights Protocol II—first and only international agreement exclusively regulating the conduct of parties in a non-international armed conflict Requirements for Material Field of Application: CHAPTER 7 TERRITORY: LAND. Armed dissidents must be under responsible command Territory in International Law—an area over which a state has effective b. maritime areas. humiliating and o Discovery of terra nullius is not enough to establish sovereignty. Violence to life and person. They can be based within the territory which they are seeking to colonization. Safeguard the political and economic stability of the region against When individual rights are violated. however. Philippines and the northern most island. They are seen as having treaty making capacity Modes of Acquisition of Sovereignty over Territory Common Article 3—for armed conflict not of an international 1. Promote economic. by a prior occupant mutilation. Taking of hostages intention of not returning c. They must exercise such control over a part of its territory as to control enable them to carry out sustained and converted military Exact boundaries might be uncertain but there should be a definitive operations and to implement this Protocol core over which sovereignty is exercised Insurgent groups which satisfy the material field of application may be Acquisition of territory—acquisition of sovereignty over territory regarded as ―para-statal entities possessing definite if limited form of Includes land. Western Sahara was inhabited by peoples which. Their goal is self-determination—to free themselves from colonial domination. Passing of sentences and the carrying out of executions without previous judgment pronounced WESTERN SAHARA CASE HELD: NATIONAL LIBERATION MOVEMENTS Territories inhabited by tribes or peoples having a social and political Organized groups fighting in behalf of a whole people for freedom from organization were not regarded as terra nullius.

US discovered that the the island except those documents that specifically mentioned the Netherlands also claimed sovereignty over the island. United States in the Treaty of Paris (1898) and Palmas sat within the the US had failed to show documentation proving Spanish sovereignty on boundaries of that cession to the U.S. For these In resolving island territorial disputes. over the island after making an initial claim after discovery and so the United States’ claim was based on relatively weak One of the peculiar features of the present case is that up to 1931. ruled in favor of the Netherlands’ position and stated that the Netherlands held actual title to Palmas. Spain's title to the island. Title based on contiguity has no standing in international law Right by discovery—US argued that it held the island because it had 2. where the o The required length of effective control is longer than in occupation nearest continent or island of considerable size gives title to the land in o May be negated by a demonstrated lack of acquiescence by the prior dispute. w/n the Island of Palmas (Miangas). the following 3 important rules reasons. Cession—acquisition of territory through treaty o A treaty of cession which is imposed by a conqueror is invalid Continuous and peaceful display of sovereignty—the Netherlands' primary contention was that it held actual title because the Netherlands had 4. even if it were as simple an act as planting Another circumstance which must be taken into account is the extent to a flag on the beach. for a sovereign to maintain such authority. the Netherlands showed that the Dutch East India Company had negotiated treaties with the local ISSUE: princes of the island since the 17th century and had exercised sovereignty. HELD: A claim to sovereignty based not upon some particular act or title such However. In this case. Contiguity—US also argued that Palmas was US’ territory because the island was closer to the Philippines than to Indonesia which was then held by 2. because it was a part of the on mere discovery Philippines. Additionally. the arbitrator said that the discoverer had to actually exercise authority. it would lead to arbitrary results.‖ 1. The Arbitrator. 3. there was no evidence that Palmas was a agreed to submit to binding arbitration by the Permanent Court of part of the judicial or administrative organization of the Spanish Arbitration. Conquest and Subjugation exercised authority on the island since 1677. In 1906. The arbitrator pointed out that if Spain had actually exercised authority. was a part of the including a requirement of Protestantism and the denial of other nationals territory of the United States or the Netherlands on the island. However. a part of the Netherlands territory. the claim Palmas when Spain discovered the island and the island was terra by the sovereign that exercises authority is greater than a title based nullius. The arbitrator concluded that Spain held an and will to act as sovereign. the Arbitrator decides that ―the Island of Palmas forms. The arbitrator said there was no positive nullius international law which favored the US’ approach of terra firma. in its entirety. its initial title via discovery. than there would have been conflicts between the HELD: two countries but none are provided in the evidence. in its must be followed: entirety. and the two parties island's discovery. government of the Philippines. The arbitrator noted that no new EASTERN GREENLAND CASE international law invalidated the legal transfer of territory via cession. Spain did not exercise authority which the sovereignty is also claimed by some other Power. However. Prescription—requires effective control and the object is not terra the Netherlands East Indies. US argued that Spain acquired title to sovereignty and the discoverer does not contest this claim. Swiss lawyer Max Huber. was then ceded to US in the Treaty of Paris after Spain's defeat in the Spanish-American War. Spain. there grounds. Title by discovery is only an inchoate title received actual title through legitimate treaties from the original 3. was no claim by any Power other than Denmark to the sovereignty of Greenland. The arbitrator held that mere proximity was not an adequate occupant claim to land noted that if the international community followed the proposed United States approach. If another sovereign begins to exercise continuous and actual "discoverer" of the island. the arbitrator noted that Spain could not legally grant what it as treaty or cession but merely upon continued display of authority. and (b) some actual exercise or display of inchoate title when Spain ―discovered‖ Palmas. did not hold and the Treaty of Paris could not grant to US Palmas if Spain involves 2 elements each of which must be shown to exist: (a) intention had no actual title to it. The arbitrator noted that o Conquest—taking possession of a territory through armed force 叶清蓮 Public International Law P a g e | 12 .

beyond its land territory and Rules in effect at the time of the acquisition should be applied internal waters and.‖ (1967 Treaty on the Exploration and Use of would normally not consist of straight lines Outer Space) 2. o It is necessary that the war had ended either by treaty or by CHAPTER 8 indication that all resistance had been abandoned TERRITORY: LAW OF THE SEA o Now. 2 of the 1982 Law of the Sea provides that Intertemporal Law 1. Straight baseline – drawn connecting selected points on the coast without appreciable departure from the general shape of the coast o Most archipelagic states use straight baselines o Art. and celestial bodies. and in accordance with the terms thereof. its archipelagic waters. conquest is proscribed by international law o ―No territorial acquisition resulting from the use or threat of force Importance of the Sea shall be recognized as legal‖ 1. 47 of the Convention on the Law of the Sea – the length of such baseline shall not exceed 100 nautical miles. Accretion and Avulsion—sovereignty by operation of nature o Accretion—gradual increase of territory by the action of nature Grotius – elaborated the doctrine of the open seas which considers the high o Avulsion—sudden change resulting for instance from the action of a seas as res communis accessible to all volcano o The doctrine recognized as permissible the delineation of a maritime belt by littoral states as an indivisible part of its domain Is Contiguity a Mode of Acquisition? o Maritime belt = territorial sea It is impossible to show a rule of positive international law to the effect that islands situated outside the territorial waters should belong Convention on the Law of the Sea of 1982 – prevailing law on maritime to a state from the fact that its territory forms part of the terra firma domain (Las Palmas Case) Art. Sovereignty extends to the air space over the territorial sea as well as AIRSPACE to its bed and subsoil Each state has exclusive jurisdiction over the air space above its 3. Normal baseline – one drawn following the low-water line along the susceptible to appropriation by any state coast as marked on large scale charts officially recognized by the coastal State ―The Moon and other celestial bodies shall be used by all State Parties to the Treaty o this line follows the curvatures of the coast and therefore exclusively for peaceful purposes.‖ (Art. Medium of communication 2. customs and police services miles beyond ―No state aircraft of a contracting State shall fly over the territory of o The width of this territorial belt of water is the 12-mile rule another State or land thereon without authorization by special o However. Contain vast natural resources 5. Sovereignty over the territorial sea is exercised subject to this territory Convention and to other rules of international law Sovereignty over airspace extends only until where outer space begins Consent for transit must be obtained from the subjacent nation Territorial Sea – belt of sea outwards from the baseline and up to 12 nautical State Aircraft—aircraft used in military. in case of an archipelagic State. 3[a] of littoral states would result in overlapping the rule is that the dividing line is the median line equidistant from the opposite baselines Chicago Convention on International Civil Aviation) Aircraft must not only not be attacked unless there is reason to suspect that o Equidistance rule does not apply where historic title or other special the aircraft is a real threat but also that a warning to land or circumstances require a different measurement change course must be given before it is attacked (Lissitzyn) Baselines – the low-water line along the coast as marked on large scale charts Civilian aircraft should never be attacked officially recognized by the coastal State Two ways of drawing the Baseline: OUTERSPACE Outer space. where the application of the 12-mile rule to neighboring agreement or otherwise. described as territorial sea 2. wherever that might be. except 叶清蓮 Public International Law P a g e | 13 . to an adjacent belt of sea. Sovereignty of a coastal State extends. are not 1.

immigration or in the internal waters of a state or sanitation authority over its territorial waters or territory and to o The flag state has exclusive jurisdiction over its ships on the high seas punish such infringement to the extent not limited by agreement 叶清蓮 Public International Law P a g e | 14 . seabed Right of Innocent Passage – passage that is not prejudicial to the peace. to where the depth allows exploitation internal waters under the Constitution of the Philippines. which is above o Indentation shall not be regarded as bay unless its area is as large as. Seabed and subsoil of areas adjacent to islands removes straits connecting these waters with the economic zone or high sea from the rights of foreign vessels to transit passage for The Deep Seabed: “Common Heritage of Mankind” international navigation o These are areas of the seabed and ocean floor. that up to 3% of the total number of baselines enclosing any o However. aircrafts. surrounded by water. and b. They must promote the objective of ―optimum utilization‖ of the living Archipelagic Waters sources o An archipelagic state may designate sea lanes and air routes thereabove. fiscal. that of the semi-circle whose diameter is a line drawn o Artificial islands or installations are not ―islands‖ across the mouth of that indentation o Important due to the possibility of exploiting oil and gas resources around them Historic Bays – treated by the costal state as internal waters on the basis of o Islands can have their own territorial sea. Seabed and subsoil of the submarine areas adjacent to the coastal the adjacent territorial sea state but outside the territorial sea. exclusive economic zone and historic rights acknowledge by other states continental shelf o Rocks which cannot sustain human habitation or economic life shall Contiguous Zone – an area of water not exceeding 24 nautical miles from the have no exclusive economic zone or continental shelf. the waters are high sea and are not subject to the sovereignty of the coastal state Sovereignty over Territorial Sea – same as sovereignty over its land territory o The sea and the strait are subject to the right of innocent passage by Exclusive Economic Zone or “Patrimonial Sea” – an area extending not more other states than 200 nautical miles beyond the baseline o Coastal state has rights over the economic sources of the sea. which lie beyond any national jurisdiction Bays – well-marked indentation whose penetration is in such proportion to the o These are the common heritage of mankind and may not be width of its mouth as to contain land-locked waters and constitute more than a appropriated by any state or person mere curvature of the coast o Considered as internal waters of a coastal state Islands – naturally formed area of land. good and subsoil – but the right does not affect the right of navigation and order or security of the coastal state overflight of other states o Applies to ships. suitable for the continuous and expeditious passage of The Continental (Archipelagic) Shelf – refers to the foreign ships and aircraft through or over its archipelagic waters and a. and submarines o The delimitation of the overlapping EEZ between adjacent states is o Coastal states have the unilateral right to verify the innocent determined by agreement character of passage. and it may take the necessary steps to prevent passage that it determines to be not innocent Two Primary Obligations of Coastal States: 1. beyond o The concept of the archipelagic waters is similar to the concept of that limit. and their subsoil. but can have a baseline territorial sea o It extends 12 nautical miles from the edge of the territorial sea o Coastal state exercises authority over that area to the extent The High Seas – all parts of the sea that are not included in the territorial sea necessary to prevent infringement of its customs. to a depth of 200 meters or. the power of control given to the littoral state does not archipelago may exceed that length up to a maximum length change the nature of the waters of 125 nautical miles o Beyond the territorial sea. They must ensure through proper conservation and management Internal Waters – all waters landwards from the baseline of the territory measures that the living sources of the EEZ are not subjected to over o Coastal states may regulate access to its ports (Nicaragua case) exploitation 2. water at high tide or larger than.

Fishing – includes the duty to cooperate in taking measures to ensure the the states expressing their consent to its location conservation and management of the living resources of the high seas d. Objective Territorial Principle – state has jurisdiction to prosecute and o Hot pursuit must stop as soon as the ship pursued enters the territorial punish for crime commenced without the state but consummate within waters of its own state or of a third state o May be carried out only by warships or military aircraft. and a fine of 22 pounds. Lay submarine cables and pipelines o When the boundary between 2 states is a navigable river its e. occupation is not enough.Six Freedoms which High Seas are subject to: o To have jurisdiction. Demons (French national) submitted that Turkish courts o Corresponding to the powers of the government. or any other its territory ships or aircraft properly marked for that purpose The Lotus Case (France v. continental shelf or the contiguous zone of the pursuing state 2. Bey. The court finds that there is no rule of international law which prohibits Turkey from prosecuting M. exclusive economic consummated abroad zone. Legislative jurisdiction – prescribe norms of conduct to 80 days imprisonment. and then arrested (pending trial) for criminal prosecution of Jurisdiction – authority to affect legal interests manslaughter. If yes. Ltn. Demons. there are 5 popular principles on jurisdiction reparation is due to Demons? TERRITORIALITY PRINCIPLE Held: o This is generally supported in customary law France claims that because the offense was aboard the Lotus. o The scope of a state’s jurisdiction over a person. and both countries agreed to bring the issue before this 3. but 8 CHAPTER 9 Turkish nationals who were on board died. the sole right of prosecution of M. but his objection was overruled. an extension of o Fundamental source of jurisdiction is sovereignty over territory French territory. and Turkish collier Boz-Kourt. Turkey) Settlement of Disputes Facts: o Peaceful settlement is compulsory There was a collision between French steamer Lotus. The French government 2. Demons is France's. The Lotus tried to save the people on the Turkish vessel. 1923 does not allow Turkey to prosecute M. and did save 10. Construct artificial islands and structures location is the middle of the channel of navigation f. control must also be a. Demons. without previous notice given to the French Consul-General. Subjective Territorial Principle – a state has jurisdiction to prosecute o This must commence when the foreign vessel is within the internal and punish for crime commenced within the state but completed or waters. Demons was then sentenced 1. 111 allows hot pursuit of a foreign vessel where there is good reason to believe that the ship has violated laws or regulations of a o State also has jurisdiction over acts occurring outside its territory but coastal state having effects within it 1. Judicial jurisdiction – adjudicate International court at the Hague in Geneva. what pecuniary o However. jurisdiction can be: had no jurisdiction. where the Boz-Kourt sank. and the o It is necessary that boundaries be determined Convention of Lausanne of July 24th. Executive jurisdiction – enforce the norms prescribed protested this. archipelagic waters. Scientific research o When boundary between 2 states is a non-navigable river or lake  its location is the middle of the river or lake Hot Pursuit Effects Doctrine o Art. Demons and jurisdiction remains with the French Courts. were taken by Turkish police for examination. Overflight – belongs to both civilian and military aircraft Boundary – separating the land areas of two states is determined by the acts of c. territorial waters. thing or event depends on the interest of the state in affecting the subject in question During trial in Turkey. The officer on watch onboard the JURISDICTION OF THE STATES Lotus. Navigation established (Las Palmas Case) b. who was going to Constantinople. and of the Boz-Kourt. o International law limits itself to criminal rather than civil jurisdiction o Civil jurisdiction is subject for private international law or conflicts of Issue: law w/n the rules of international law prevent Turkey from instituting criminal o Jurisdiction may also be acquired by treaty proceedings against a French national under Turkish law. The Territorial Principle can be used to justify 叶清蓮 Public International Law P a g e | 15 .

copies of the readings were to be supplied to both 1. The two governments primary precedent for international environmental law. and sulfur dioxide concentrations at Trail. should it be made to prosecute the two ship captains) is not contrary to principles of international refrain from doing so in the future or should it operate under any law. Douglas firs. Readings from these instruments were to be used by Jurisdiction over Foreign Vessels in Philippine Territory – we follow the the smelter to keep its sulfur dioxide emissions at or below levels determined English Rule by the Tribunal. The Trail Smelter decision has shaped the core principle underlying international environmental law. According to this principle. In The case was landmark because it was the first to challenge historic principles the period between 1925 and 1935. It is impossible to make a deduction from the conventions damage to livestock or businesses in Washington State from the operation of in question because the conventions in question concern a single ship. and the effects on board the Boz-Kourt. The court also finds damage done to land along the Columbia River valley in the United States. French Rule – crimes committed abroad a foreign merchant vessel governments monthly so that they could see the smelter's compliance. If the smelter was found to have done damage. a country which Issues and Held: creates transboundary pollution or some other environmentally hazardous 1. conventions. and cedar. and oats. which protects the resorted twice to legal arbitration. concurrent jurisdiction. Turkey is allowed to use their penal code. If this offense didn't span two Trail Smelter should refrain from causing any future damage to the State of jurisdictions. once from 1928 to 1931 and again from environment through a process known as the "web of treaty law.000 for damage that the Trail Smelter had done to the State of be overcome if there was customary international law that established the Washington from 1932 to October 1. as well as of the law of Trail Smelter Arbitration (US v. such as the Trail Smelter issue. Turkey claims that Article 6 of the Turkish Penal Code (Used to 2. barometric pressure. British Columbia about consequence and the injury is established by clear and convincing evidence. then territorial jurisdiction they were committed unless their commission compensation could be awarded to the United States as determined by the affects the peace and security of the territory Tribunal and the Canadian Government. Government objected to the of international law. 2. when the case is of serious zinc and lead smelter along the Columbia river at Trail. no State has the right to use or permit the use of its Facts: territory in such a manner as to cause injury by fumes in or to the territory of The Consolidated Mining and Smelting Company Limited of Canada operated a another or the properties or persons therein. To ensure this. Canada) the United States. with the origin on board the Lotus.. the U. wheat. the tribunal made an historic and often-cited declaration: "Under the principles of international law. Affected harvests included alfalfa. to another 1. To protect justice and the Washington from its sulfur dioxide emissions. The that current conventions deal with the policing of the high seas. Legal decisions over land and the trees of the Columbia River Valley which were used for logging. and other indications of "state practices. Moreover. environmental disputes between nations are made in reference to a growing farming. atmospheric pressure. 1937." species affected were yellow pines." International 1935 to 1941. 1932? country. The offense spans two jurisdictions. either directly or indirectly. The court further finds that Territorial Principle can only US$78. The Trail Smelter decision has since become the international boundary to Kettle Falls. it mandated that interests of both states. Demons because the ship is an extension of the It was determined that the Government of Canada should pay the United States territory of Turkey. in an attempt to resolve the dispute. The main concern of the environmental law is based on individual governmental responses to discrete United States was that the smelter's sulfur dioxide emissions were harming the international problems. making the Trail smelter. it would be a non-existent offense. turbulence. deductions in regards to two different ships and two different jurisdictions is impossible.S. Washington. This compensation was primarily for exclusive jurisdiction of the State whose flag was flown. the three industries crucial to the area. and France is allowed to use restrictions? their own. and cattle grazing..Turkey's prosecution of M. larch." 10 miles north of the international boundary with the State of Washington. which subordinated international environmental duty to Canadian Government that sulfur dioxide emissions from the operation were nationalistic claims of sovereignty and free-market methods of unfettered causing damage to the Columbia River valley in an 30 mile stretch from the industrial development. the case should be understood to be a matter of the smelter maintain equipment to measure the wind velocity and direction. English Rule – crimes perpetrated under such circumstances are in general triable in the courts of the country within whose territory they Notes: were committed In delivering their decision. Had damage been done to Washington State by the smelter since January effect is liable for the harm this causes. A much older precedent for this same principle is rooted both in Roman Law and Common Law: sic utere ut alienum non laedas—use your own 叶清蓮 Public International Law P a g e | 16 . The main body of treaties. and not common Tribunal decided that the United States had not displayed enough evidence for law offenses. If the should not be prosecuted in the courts of the country within whose smelter could not keep to the prescribed sulfur dioxide levels.

resident elsewhere. and to penalize him in case of refusal…. Harry M. the authority to require the absent citizen to return NATIONALITY PRINCIPLE and testify necessarily implies the authority to give him notice of the o This is generally supported in customary law requirement. although resident abroad. was adjudged guilty of contempt of the Supreme Court of the Nottebohm was born in Germany. United States. it is undisputed that he was. Liechtenstein offered Nottebohm protection satisfied out of the property of the petitioner which had been seized by order against the government of Guatemala and sued Guatemala in the International of the court. a citizen of the United States resident in Facts: Paris. states to determine its own citizens and criteria for becoming one in municipal unless the contrary intent appears. it is appropriate that the o Every state has jurisdiction over its nationals even when those Congress should authorize the court to direct the notice to be given. and was a German citizen. Nor can it be doubted that the United state in question. While the legislation of the Congress. not of legislative power. and conducted a prosperous business there. Blackmer. Although the Court stated that it is the sovereign right of all citizen in relation to his own government. there is no question of international law. Blackmer then petitioned the US Effective Nationality Link – used to determine which 2 states of which a Supreme Court for relief from the lower court’s contempt order and related fine. person is a national will be recognized as having the right to give diplomatic protection to the holder of dual nationality Held: The Nottebohm Case (Liechtenstein v. it. the petitioner remained subject to the taxing law. for appearances at different times. and he was bound by its laws made applicable to him in a foreign country. but No. As his attendance is needed in court. The Court upheld the principle of effective far as citizens of the United States in foreign countries are concerned. Whether the conferment of the Lichtenstein citizenship is not contrary to int'l Thus. this principle was not relevant to international law because actions country of a citizen. and a fine of $30. 叶清蓮 Public International Law P a g e | 17 . Facts: The mere giving of such a notice to the citizen in the foreign country of the A US consular officer in Paris served Blackmer with a notice to return to requirement of his government that he shall return is in no sense an invasion of Washington to testify for the US government.. the trial judge found him in contempt of court for failing to appear. the United States retained its authority over Issue: him. The court agreed with Guatemala and held that claims by Lichtenstein solely of the purport of the municipal law which establishes the duties of the were inadmissible.000 with costs was imposed in each case. and that it nationals are outside the state should be in the customary form of a subpoena. In 1939. Guatemala) The petitioner. but there was an exception Two subpoenas were issued. he was refused entry (probably because of his original German together. so questions of diplomatic protection. is one of nationality. By virtue of the obligations of citizenship. whenever the public interest requires within a nation's borders rarely conflicted with the rights of another. a citizen of the Liechtenstein citizenship for the purposes of international law. With respect Held: to such an exercise of authority. Liechtenstein. but never France and requiring him to appear as a witness on behalf of the United States became a citizen of Guatemala. When he tried to re-enter Guatemala a separate proceeding with respect to each. the question of its application. the government of Guatemala argued that Nottebohm did not gain year 1924. The application was approved even though a requirement was that he be in residence there for at least 3 years. Blackmer ignored this court order to return to the US. he applied to become a citizen of at a criminal trial in that court. For disobedience to its laws through conduct abroad. where the national must prove a meaningful connection to the construction. . The two cases were heard in 1943. and continued to be. he was subject to punishment in the courts of the United States. The decrees were affirmed by the Court of Justice. The question of the validity of the provision for actual service of the subpoena in a foreign country is one Blackmer v. US that arises solely between the government of the United States and the citizen. His testimony would help to any right of the foreign government and the citizen has no standing to invoke ascertain the facts during criminal and civil investigations of the scandal. such a process would have to be scrutinized on the international plain in territorial jurisdiction of the United States. France.property in such a manner as not to injure that of another. Prior to the twentieth States possesses the power inherent in sovereignty to require the return to this century. and if Lichtenstein's claim on behalf of Nottebohm is admissible in court power of the United States. and there was and he became a citizen of Liechtenstein. to be citizenship and because of WWII). He continued to owe allegiance to the United States. While it appears that the petitioner removed his residence to France in the However. is construed to apply only within the law. After any such supposed right. although he lived District of Columbia for failure to respond to subpoenas served upon him in in Guatemala since 1903.. In the present instance.

In e. the Philippines in its constitution adops the f. 5. a Two Russian boats have been requested to bring him back to Russia but the national. b. if they had one. Director of Prisons punish such acts wherever they may occur. However. Crimes against humanity – acts committed as part of a widespread or is still under detention awaiting the ship that will take him home. the Philippines has joined the United Nations in its Resolution entitled Filartiga v. Enslavement process of exclusion or expulsion of undesirable aliens. Deportation or forcible transfer of population has the right to do so for a reasonable length of time. In the meantime. this is strictly construed to those offenses posing a direct. It further states that is 4. that threatens its security as long as that conduct is generally recognized as criminal by states in the international community Corporations – state has jurisdiction over corporations organized under its o However. Nottebohm o This is generally supported in customary law had forfeited his German nationality and thus only had the nationality of o State may exercise jurisdiction over conduct outside its territory Liechtenstein. Attack directed against any civilian population This case is a petition for habeas corpus. However. Torture 6. The contention that he remains a threat of to the security of the country is unfounded as Japan and the US or the Phils are no longer at war. and have not acquired a new one b. Crime of Apartheid 9. a Russian. Genocide – acts committed with intent to destroy. the respondent held that 2. Terrorism generally accepted principles of international law as part of the law of Nations. Forging its currency Stateless Persons – persons who have no nationality c. Plots to overthrow the government b. Pena-Irala (see previous notes) ―Universal Declaration of Human Rights‖ in proclaiming that life and liberty and all other fundamental rights shall be applied to all human beings. was captured as a Japanese spy by the US Army Counter Intelligence Corps on March 18. He was turned over to the Phil Examples of acts covered by Universality Principle: Commonwealth Government for appropriate disposition. Extermination – internal infliction of conditions of life the Mejoff should stay in temporary detention as it is a necessary step in the 3. laws specific threat to national security Maritime vessels – state has jurisdiction over vessels flying its flag Examples of acts covered by Protective Principle: o Same applies to aircraft and spacecraft a. 8. Persecution w/n Mejoff should be released from prison awaiting his deportation. 叶清蓮 Public International Law P a g e | 18 . The Board ordered his immediate deportation. Also. De factor stateless – persons who have a nationality but to whom UNIVERSALITY PRINCIPLE protection is denied by their state when out of the State o This recognizes that certain activities. Two years passed and Mejoff c. state we was placed in prison awaiting the ship that will take him back home to Russia. any of the following acts against persons or property under reasonable surveillance of the immigration authorities to insure that he protected under the provisions of the relevant Geneva Convention keep peace and be available when the Government is ready to deport him. require authority in all community members to Mejoff v. Forced pregnancy Issue: 7. ethical. His case was decided a. Piracy – any illegal act of violence or depredation committed for on by the Board of Commissioners of Immigration who declared him as an private ends on the high seas or outside the territorial control of any illegal alien. even absent a link between Facts: the state and the parties or the acts in question Boris Mejoff. Enforced disappearance of persons Held: d. universally dangerous to states and their subjects. De jure stateless – persons who have lost their nationality. 1948. namely. systematic attack directed against any civilian population 1.This principle was previously applied only in cases of dual nationality to PROTECTIVE PRINCIPLE determine which nationality should be used in a given case. Aircraft piracy the doctrine of incorporation. War crimes – grave breaches of the Geneva Convention of 12 August The Supreme Court decided that Mejoff be released from custody but be placed 1949. racial or religious group masters refused as they had no authority to do so. Plot to break its immigration regulations a. in whole or in part.

which is valid in territory of a country arises at the international level. both of State. Argentina to try the accused for any other specific offence. The accused has no immunity against this declared that "acts such as that under consideration [the kidnapping of trial and must stand trial in accordance with the indictment. The Government of Argentina until May. Attorney General of Israel (Supreme Court Decision) security. in this case. On May 31. provided he is in its custody at the time he is State of Argentina. Israel was his identity revealed." Argentina did not demand the return of power to try and punish a person for an offence he has committed is the principle Eichmann. which is not the Notwithstanding the differences there is full justification for applying here the offence for which he was being tried. Indeed. while making it clear that it did not condone Eichmann's crimes. and they have to obviate opposition by those States that find themselves competent to punish consistently refused in all instances to enter upon an examination of these the offender according to either of the other two principles." The Security Council requested the Government of Israel "to make Held: appropriate reparation in accordance with the Charter of the United Nations One of the principles whereby States assume. the Argentine and Israeli governments resolved of universality. without any reservation whatever or. subject to a reservation of the kind Oust] mentioned. Attorney General of Israel v. that that power is vested in every State in a joint communique "to regard as closed the incident which arose out of the regardless of the fact that the offence was committed outside its territory by a action taken by citizens of Israel. with grave offences against its laws. The accused was not surrendered to principle of universal jurisdiction since the intentional character of the "crimes Israel by Argentina. in essence. at most. the only person ever interference with the competence of the State in which the offence was formally executed by the State of Israel. and in August. [One of these circumstances. The accused has been brought to trial before the Court of a State which charges him Security Council. The accused was a wanted war criminal when he escaped to Argentina Adolf Eichmann was a high ranking SS officer who played a central role in the by concealing his true identity. The courts in England. may. namely. and the 叶清蓮 Public International Law P a g e | 19 . Eichmann (Trial Court Decision) accused cannot compel a foreign sovereign State to give him protection against Facts: its will. lest this entail excessive of Israel. Only after he was kidnapped and brought to planning and implementation of the persecution of Jews in Germany. offender save in the one and only case where he has been extradited by the asylum State to the requesting State for a specific offence. the and the rules of international law. logically applies also to all such criminal acts or omissions between the two countries concerned alone. there is no escaping the conclusion that the question of the violation of international law by the manner in which the accused was brought into the A third school holds that the rule of universal jurisdiction. if repeated. reservations is that the extradition of the offender should be offered to the State where his offence was committed. Poland.]. and must find its solution at such which constitute offences under the law of nations (delicta juris gentium) level. Its meaning is." Eichmann was then tried in Israel under Israel's Nazi brought to trial. [Holders of this view] impose various restrictions that the circumstances of the arrest and the mode of bringing the accused into on the applications of the principle of universal jurisdiction. committed. 1960 when he was kidnapped by Israeli agents. which are designed the territory of the State have no relevance to his trial. endanger international peace and Eichmann v. It is not more than an the laws of a State may not oppose his trial by reason of the illegality of his auxiliary principle to be applied in circumstances in which no resort can be had arrest or of the means whereby he was brought within the jurisdiction of that to the principle of territorial sovereignty or to the nationality principle. Held: A second school agrees to the extension of the principle to all manner of It is an established rule of law that a person being tried for an offence against extraterritorial offences committed by foreign nationals. the basic reason for immunity belong to the country of asylum and not to the offender. Eichmann] which affect the sovereignty of a Member State and therefore cause international friction. In other words. which infringed the fundamental rights of the person who did not belong to it. not in doubt. Argentina complained thereby refused conclusively to grant the accused any sort of protection. After negotiations between the two Hungary and several other countries before and during World War II. 1960. This view has been opposed in the past because of the According to the existing rule of law there is no immunity for a fugitive difficulty in securing general agreement as to the offences to be included. or not to try him and the unprecedented extent of their injurious and murderous effect is not open for the offences being tried in the present case. [One view] found guilty and the conviction was subsequently upheld by the Supreme Court holds that it cannot be applied to any other offence. the Government of Argentina waved its demand for his return of the war he escaped to Argentina where he lived and worked under an alias and declared that it viewed the incident as closed. 1962 Eichmann went to the gallows. This principle has wide support and is universally Collaborators Law (a law enacted after Israel became a state in 1948). the relations cases of piracy. in one degree or another. and the State of Israel is not bound by any agreement with against humanity" (in the wide meaning of the term) is. At the end Governments. the United States and Israel have constantly held which are universally agreed to. The rights of asylum and to dispute at the present day. The to the Security Council about this clear violation of Argentine sovereignty. He was acknowledged with respect to the offence of piracy jure gentium.

save for a few exceptions o If in the whole circumstances of the case it be discovered that there is envisioned by Congress at the time of enacting the Alien Tort Statute. specifically Presidential Decree No. District court dismissed. 1. and court of appeals affirmed both. a. The Extradition Treaty says nothing about US and Mexico's obligations to 2. Fawaz Yunis court lacked jurisdiction to try him because he was abducted in violation of the extradition treaty between US and Mexico. to justify an assertion of extraordinary authority Held: Yes. Likelihood of conflict with regulation by another state Alien Tort Statute. Link or connection of the activity to the territory of the regulating state The Federal Tort Claims Act's exception to waiver of sovereign immunity for b. therefore. when plaintiffs. Is the effect sufficiently large to present a cognizable injury to the Whether there is jurisdiction for a Mexican national. the court will assume jurisdiction a. The Treaty it is unreasonable only says that neither party is bound to delivery upon the other its own o Factors to consider in determining unreasonableness: nationals. In compliance with the related o This is a process that is governed by a treaty municipal law. and CONFLICTS OF JURISDICTION – modes of resolving conflict of jurisdiction ordered that he be repatriated to Mexico. Was there an actual or intended effect on a state’s foreign commerce? Issue: b. These real unfairness to one of the suitors in permitting the choice of a exceptions include and are limited to: rights of safe passage. vis-à-vis those of other nations. and. a violation of the anti-trust law? US and Mexico had an extradition treaty c. Forum non conveniens – application is discretionary with the court but does not create an independent cause of action. He was indicted by US DEA (Drug o Not accepted for ordinary torts or crimes but is increasingly accepted Enforcement Administration) for participating in the kidnap and murder of a as applied to terrorist and other organized attacks on a state’s DEA agent. Alvarez-Machain territory by a person not its national where the victim of the act was Facts: its national Machain is a citizen and resident of Mexico. criminal law. No state is obliged to extradite unless there is a treaty 2.‖ bars claims based on any injury suffered in a foreign c. 1999. International Comity – state will refrain from exercising its jurisdiction is refrain from abducting people. then Supreme Court granted certiorari. Character of the activity to be regulated claims ―arising in a foreign country. 3.which international law recognizes the right of each State to exercise such Principles governing Extradition jurisdiction in piracy offences applies with all the greater force. the Department of Justice received from the Department of territory he is found to the state under whose laws he is alleged to have Foreign Affairs of the United States requesting for the extradition of Mark committed a crime or to have been convicted of a crime Jimenez for various crimes in violation of US laws. and that the district US v. Existence of justified expectations that might be protected or hurt country. claiming that his abduction constituted outrageous government conduct. or to assassination of a state’s (allegedly). the Alien Tort Statute provides a jurisdictional basis. Respondent moved to dismiss the indictment. Ralph Lantion Facts: EXTRADITION – the surrender of an individual by the state within whose On June 18. Are the interests of the state sufficiently strong. Differences in legal system can be an obstacle to interpretation of what the crime is PASSIVE PERSONALITY PRINCIPLE 3. Machain was forcibly kidnapped from Mexico and brought to Texas diplomatic representatives or other officials for trial. Balancing Test – if the answer is yes to all the following questions. regardless of where the tortuous act or omission occurred and that by the regulation Álvarez was not entitled to recover damages from Sosa under the d. 1069 ―Prescribing o Legal right to demand extradition and the correlative duty to surrender a the Procedure for Extradition of Persons Who Have committed Crimes in a Foreign fugitive exist only when created by treaty Country‖ and the established ―Extradition Treaty Between the Government of the o Procedure for extradition is normally through diplomatic channels Philippines and the Government of the United States of 叶清蓮 Public International Law P a g e | 20 . Hon. to an act committed outside its US v. rights of forum which is not the natural or proper forum. Thus. Religious and political offenses are not extraditable o This does not enjoy wide acceptance o State may apply law. by prolonging the victim's life so others could torture him further nationals by reason of their nationality. 1. either on the ground ambassadors and piracy. or the consequences if this happens. of convenience of trial or the residence or domicile of parties or of its being the locus contractus or locus solutionis Sec. of Justice v. abducted to the US.

The respondent requested convincing showing that for a copy of the official extradition request as well as the documents 1. Efforts should be done to harmonize them. but are not superior to. there exists a clear conflict between the obligation of the Philippine Government to comply with the provisions of the treaty and its equally significant role of protection of its citizens of its right of due process.In this case.Whether or not private respondent’s entitlement to notice and hearing during the evaluation stage of the proceedings constitute a breach of the legal duties of the Philippine Government under the RP-US Extradition Treaty Held: The Supreme Court ruled that the private respondent be furnished a copy of the extradition request and its supporting papers and to give him a reasonable period of time within which to file his comment with supporting evidence. national legislative enactments. be granted access to the official extradition request and documents with an opportunity to file a comment on or opposition thereto 2. The doctrine of incorporation decrees that rules of international law are given equal standing. The rule of pacta sunt servanda. There exist special. humanitarian and compelling circumstances that such information is confidential in nature and that it is premature to provide such document as the process is not a preliminary investigation but a mere evaluation. In fact.Whether or not private respondent. there is no conflict between international law and municipal law. In this case. neither the Treaty nor the Extradition Law precludes the rights of due process from a prospective extradite. The processes outlined in the treaty and in the presidential decree already pose an impending threat to a prospective extraditee’s liberty as early as the evaluation stage. granting due process to the extradition case causes delay in the process. Jimenez. the department proceeded with proceeded with the designation of a Bail in Extradition Cases panel of attorneys to conduct a technical evaluation and assessment as o Bail may be granted to a possible extraditee only upon a clear and provided for in the presidential decree and the treaty. He will not be a flight risk or a danger to the community and papers submitted therein.America‖. The petitioner denied the request as it alleges 2. The United States and the Philippines share a mutual concern about the suppression and punishment of crime in their respective jurisdictions. but a very imminent one. requires the parties to a treaty to keep their agreement therein in good faith. At the same time. The doctrine of incorporation is applied whenever municipal tribunals are confronted with situations in which there appears to be a conflict between a rule of international law and the provisions of the constitution or statute of a local state. On the other hand. 叶清蓮 Public International Law P a g e | 21 . where the conflict is irreconcilable and a choice has to be made between a rule of international law and municipal law. one of the oldest and most fundamental maxims of international law. jurisprudence dictates that municipal law should be upheld by the municipal courts. however. Therefore. both States accord common due process protection to their respective citizens. Mark B. In a situation. It is not an imagined threat to his liberty. Issues: 1. the constitutional rights of the accused are not yet available.