Académique Documents
Professionnel Documents
Culture Documents
Transaction with foreign element of private person -must possess qualification required in their
respective countries for appointment to the highest
judicial office (qualification of SC)
Public International Law
Laws of nation
Under Political lawand PRi
ICC ROME statue
Sovereign
Criminal- Romes statue, seats at hague Netherlands
Transaction with states
UNCLOS-
Treaty
ITLOS- tribunal under unclos for disputes of
Source of obligation of states maritime and territory of archipelagic states
-Pacta sun servanta- promises must be fulfilled -head quarters Hamburg Germany
Charter of UN no exit clause only give way how to be Mid Ocean Archipelago- situated in the ocean at
member such distance from the coasts of firm land. (gitna
npapalibutan ng water EX: Ph)
International Tribunals
TERRITORIAL WATER
Arbitration of UN
BASELINE LAWS
ICJ-UN Charter
Principle of regime of island- island naturally formed
SEATS at Peace Palace in The Hague Netherlands
area of land, surrounded by water which is above
To settle actual controversies of submitted by states water at high tide.
including territorial disputes except archipelagic
Rocks which cannot sustain human habitation or
states which be under UNCLOS.
economic life of their own shall have no exclusive
Gives advisory opinions economic zone or continental shelf.
Atty Duka Lecture notes in International Law Prepared by Marielle Laguerta
Spratlys/Kalayaan island- does not conform to 3 Rights of state in exclusive economic zone
requisite of regime of island because it can support
-explore natural resources
human habitation and economic life.
Sea, seabed , subsoil
Straight Baseland Method- Low watermark is the
point were the water first meet the sand in a lowtide Continental shelf- 350 nautical miles
from the outermost island. Then connect the dots
Right to harvest mineral and non living materials in
around each outermost island.
the subsoil of their continental shelf, to the
Internal water-waters inside baseline. Bodies of exclusion of others.
water within the land mass Ex: rivers, lakes ,canals,
Overlapping – must enter to treaty for joined
gulfs, bays and straits.
exploration
-International waters- foreign vessels have no right
TERRITORY
of innocent passage.
To acquire:
Right of innocent passage-
Discovery
Vessels of all states enjoy the right of innocent
passage through the territorial sea Administration
Requisites: Possession
Continuous & Expeditious Occupation
except: force majeure Administration
……….
Territorial waters- from baseline 12nautical miles KALAYAAN GROUP OF ISLAND
Contiguous zone- 12nautical miles from territorial Scarborough shoal/ bajo di masinloc-
waters(sea)
Spratly Island
-Coastal state may exercise limited jurisdiction over
RP VS PROC- arbitration , PH do not want
the contiguous zone to prevent infringement of
adversarial. Ph won but china do not want to comply
customs, fiscal, immigration or sanitary laws.
but bound because they are signatory of the
Exclusive Economic zone- 200 nautical miles from UNCLOS. Basis of decision
baseline
Historic rights and the NINE DASH LINE- no evidence
-not part of territory but coastal state may exercise of historic rights and its nine dash line is in violation
sovereign rights over economic resources of the sea, of UNCLOS because a state can only extent its
seabed, subsoil economic zone up to 200 nautical miles which China
is a signatory.
-other states have freedom of navigation and over
flight to lay submarine rabbles, pipelines and other Status of feature of the island was altered by china
lawful uses. to make it bigger, reclamation of the land. This is in
violation of UNCLOS because to claim a land it must
-states overlapping exclusive economic zone may
be claimed in its natural state.
enter into joined exploration under treaty, (both my
exercise its sovereign if overlapping)
Atty Duka Lecture notes in International Law Prepared by Marielle Laguerta
HIGH SEA
STATE IMMUNITY
Res nullius- belongs to no one
Par em parem inhibit non imperium -equally of all
Res cummunes- belongs to everyone sovereign. If you can’t sue Ph you can’t sue another
sovereign. Hence, immunity base on treaty give
Freedom of navigation- refers to the right to sail
coverage of what its diplomates are immune to.
ships freely on the high seas, subject to international
law and the laws of the flag state. Vatican not member of UN observant only
Flag state- flag which the vessels carry is the flag of UN Security Council- police
registration. If nationality of the vessel is the same
ECOSOC- in charge of economy and social justice. in
with the nationality of the owner-flag state.
charged of promoting higher standards of living.
Reg. in MARINA
ILO-International Labor Organization-imbodied in
Flag of convenience- for purposes of convenience , our Labor code-(under ECOSOC)
the vessel is registered in another state not the state
WHO- World Health Organization (under ECOSOC)
of the owner and it will fly the flag of the state of
registration. The nationality of the vessel will be Universal Declaration of Human rights-same as Bill
different to the owner. of rights. (under ECOSOC or UNESCO)
GENERAL ASSEMBLY
DOCTRINE OF INCORPORATION- Kelog pact Jurisdiction
Renounces war- aggressive war, but defensive is not Peace and security
prohibited.
Admission of new members
DOCTRINE OF TRANSFORMATION
Budgetary matters
A soft law
To apply international law in the Ph the Legislative
THE STATE
must enact a law crafted locally to enforce the
principle of international law. ELEMENT
SUBJECT OF INTERNATIONAL LAW People,territory,government,sovereign
People- refers to inhabitants of the state
States
Colony etc.
Atty Duka Lecture notes in International Law Prepared by Marielle Laguerta
Territory- fixed portion of the surface of the earth executive. The legislative is elected and in the
inhabited by the people of the State. legislative they will vote who will be executive. No
separation of powers.
Government-
Presidential- executive is elected by the people
-Forms
different to legislative. Separation of powers.
Monarchy- one which the supreme authority I in the
De jure- may or may not have support of the people
hands of a single person.
but it is founded on existing constitutional laws if of
-Absolute monarchy- ruler rules the divine rights. the state. One who have legal title.
-Limited Monarchy- ruler governs in accordance De facto- not founded on existing constitutional
with the constitution. The monarch has no absolute laws of the state but it has the support of majority
control of the government.(constitutional of the people. No legal title.
monarchy)
Estrada vs Arroyo- presidency is in the past tense.
Aristocracy- political power is exercised by a few He was legally and directly removed by the people.
privileged individuals known as aristocrats.
-The legal obligation of old government will be
Oligarchy- form of aristocracy but the basis of assumed by the new government. If illegal it must
leadership is wealth of the ruler. not be assumed.
Constitutive theory- a state is only a state if it is States that send astronouts to space will be liable in
recognized by other state ( generally accepted) case of damages. Determine base on flag.
Declaratory theory- as long as the state have the 4 - Legation or diplomatic intercourse
elements to be a state, regardless it if it is recognized
Diplomatic relation
or not by other states, it is a state.
-Passive to receive
Wilson Doctrine- government resulted from
revolutionary, rebellion, etc won’t be recognized -Active to send
unless government is elected by the people.
Function
Stimson Doctrine- no recognization will be given to
-to represent the sending state
government established as a result of external
aggression. ( sinakop, belligerent occupation ) -To protect the interest of the nationals of the
sending state to the receiving states territory
Estrada Doctrine- recognition is not extended even
the state deals with another state. Express -Negotiate to the government of the receiving state
recognition must be given not implied.
-Promoting friendly relations
Belligerent- can be recognized internationally
- Developing their economic,cultural & scientific
- organized civil government relations
-Rebels occupy a substantial portion of territory. -Ascertaining the condition of the receiving state
and report it to sending state
-Conflict is serious and outcome is uncertain
Agreation
-rebels are willing to observe the laws of war (
absence of requisite will be insurgent) -Process of appointment of diplomat envoy
Insurgent- can’t be recognized -State resort to an informal inquiry as to
acceptability of envoy
RIGHTS OF THE STATE
-Receiving state will respond with an informal
- Existence and self defense
conformity
There must be aggression, arm attack
-Message must be sent to inform if will not accept
- Right to equality the diplomat if not can no longer refuse once arrive
and present its letter of credence because that
Par in parem non habet imperium -all sovereign
would be a violation to Vienna convention.
states are equal
IMMUNITIES & PRIVILEGES
- Sovereign and independence
-Inviolability of premises
- Territorial integrity and jurisdiction
-Right of official communication
Aerial domain no right of innocent passage must
always ask permission to state that will be passing -Exempt from local jurisdiction
through.
Must be in relation to official business or function
Space- res communes
Atty Duka Lecture notes in International Law Prepared by Marielle Laguerta
Different in international organization -there must -the only church which a recognize leader and
be a treaty stating that there is a diplomatic international personality
immunity for its employees DBP case
-have sovereignty
-personal inviolability
-leader pope
-Exempt from subpoena
Treaty can’t violate international law, void.
-Exempt from taxation/custom duties
JUS COGENS- compelling law
EXTRATERRITORIALITY
All states are bound to adhere. Even not signatory.
Immunity granted to person and property from local
Can’t enter into a treaty to legalized such act which
jurisdictions in the basis of international customs.
is a Jus cogens.
VINUYA vs EXECUTIVE SEC -justice del Castillo being
TREATY impeach due to the comfort women issue. 2010
..moot claim
Principal sources of international law
PACTA SUN SERVANDA- pact must be respected-
-written
treaty must be fulfilled.
-international agreement
EXCEPT:
-between states
CLAUSULA REBUS SIC STANTIBUS- things thus
-governed by international law standing -supervening event.
No armed forces should be use by the collecting -Principle of double criminality- act for which
state in collecting debts of another state. extradition is sought must be punishable in both
states.
REFUGEES
-Political or religious offenders are generally not
Person outside of their mother state who is seeking
subject to extradition. Except: killing the head of the
protection from foreign state to escape persecution,
state, killer need to be extradited)
war, terrorism, extreme poverty, famines or natural
disasters. Bailable- provided he can prove that he is not a flight
risk by clear & convincing evidence.
DOCTRINE OF NON REFOULMENT
Extradition sue generis
Prohibits state to expel refugee or return them to
their state because his life or freedom is threatened. PAUL JOSEPH RIGHT CASE-Invoking expost facto law
Receiving state is under obligation to grant asylum. because treaty with Australia was entered in 1990
Mandated by international law. and he was convicted in Australia 1985. SC said
expost facto law is applicable to criminal cases and
Diplomatic Asylum- refugee in diplomatic premises
not in extradition because extradition is sue generis.
Political Asylum- refugee in another state for Rights of an accused is not applicable to extraditee
political offense, he faces danger to his life & because extradition is neither criminal or civil in
liberty.( extradition won’t lie even there is a treaty nature and do not determine guilt of the person.
because he have acquired protection )
ATTENTAT CLAUSE-assassination of head of state or
EXTRADITION any member of his family exception to extradition of
political or religious offences which is not subject to
Surrender of a fugitive by one state to another
extradition.
where he is wanted for prosecution or if already
convicted for punishment. Genocide is also an exception.
-severance of diplomatic relations- reduction or (do not use weapon of mass distraction, biological
removal of diplomatic ties, such as embassies is weapon because it will kill entire population
considered a form of hostile means of settling including innocent civilian)
international disputes.
PRINCIPLE OF CHIVALRY- proper warning before
-intervention- intervention to domestic or foreign launching a bombardment or prohibit the use of
affairs of another state through force or threat of perfidy (treachery) in the conduct of hostilities. EX:
force. surrendered but still killed.
-retortion- not allowed. A retaliation. Bullying. PROHIBITION- WAR CRIMES
-reprisal-revenge -to attack doctors & ambulances displaying red cross
or red crescent
-pacific blocked
-prohibited to fire to person waiving or having a
-occupying territory
white flag since it shows intent to surrender or
-suspension of treaty desire to communicate.
-embargo-detained vessel of foreign state to -these persons are expected to be neutral & shall
prevent from sailing not engaged in warlike act. If so it is considered as
an act of perfidy.
-trade embargo- prevent from trading to the state in
dispute. Spy- person employed to obtain secrets
WAR- International humanitarian laws or laws of Terrorism- not allowed. Do not kill enemy but
armed conflict. civilians.
-laws during armed conflict or war.
Combatants- soldiers of the state
Purpose- to limit casualties or regulate effects of
Privilege combatants- members of the regular
war.
armed forces of the state. If they are captured they
JUS IN BELLO- justice in war- rules that serve as are treated as war prisoners of war.
guidelines for fighting well once war has begun.
Unlawful combatant- civilian or mercenary- not
COMMENCEMENT covered by Geneva convention and won’t have
protection as prisoners of war.
-declaration
Non-combatant- members of armed forces but desk
-rejection of an ultimatum
work or medical field.
-commission of an act of force regarded by atleast
TERMINATION
one of the parties as an act of war.
Simple cessation
KELLOG BRIAND PACT 1928- outlawing war as an
instrument of national policy (renouncing war) Treaty of peace
PRINCIPLE of MILITARY NECESSITY- employ only the Unilateral declaration by the victor
amount of force which is necessary with the least
JUS POSTLIMINY-properties acquired during war
possible loss of lives time and money.
don’t revert automatically to the original owner.
PRINCIPLE OF HUMANITY- prohibits the use of any There must be a treaty for return be effected. In
measure that is not necessary for purposes of war. relation with uti possidetis.
Atty Duka Lecture notes in International Law Prepared by Marielle Laguerta