May SC nullify a treaty?

Our Constitution authorize the nullification of a treaty, not only when it conflicts with the
fundamental law, but also, when it runs counter to an act of Congress.
BASIS: Section 5 Article VIII
Obligation erga omnes – in relation to everyone” Latin are obligations owed by States towards
the international community. Examples are the prohibition of acts of aggression, the prohibition of
genocide, piracy, slavery and racial discrimination, obligations concerning the protection of basic
human rights, obligation relating to self-determination and obligations relating to the environment.
In particular, they refer to:
An obligation under general International Law that a State owes in any given case to the
international community, in view of its common values and its concern for compliance so that a
breach of that obligation enables all States to take action;
An obligation under a multilateral treaty that a State Party to the treaty owes in any given case to
all the other State Parties to the same treaty, in view of their common values and concern for
compliance, so that a breach of that obligation enables all these States to take action.
Remedies in case of breach of an obligation erga omnes
When a State commits a breach of an obligation erga omnes, all the States to which the obligation
is owed are entitled, even if they are not especially affected by the breach, to claim from the
responsible State in particular.

 Cessation of the internationally wrongful act

 Performance of the obligation of reparation in the interest of the State, entity or individual
which is especially affected by the breach
Principle of Attribution or Imputation – a State only incurs liability for individual acts or omission
which can be attributed to it. The rebel is not its officials, agents or representatives, and they were
not acting on the instructions of, or under the direction or control of, the ___Government.
Rules on Attribution, the State shall be responsible for the conduct of a person or group of persons
only when it is shown that said person or group is, in fact, acting on the instruction or under the
direction or control, of that State in carrying out the conduct.
DOCTRINE OF STATE RESPONSIBILITY
ELEMENTS OF INTERNATIONALLY WRONGFUL ACT OF STATE
There is an internationally wrongful act of a State when conduct consisting of an action or
omission:

 Is attributable to the State under International Law

 Constitutes a breach of an international obligation of the State
CALVO DOCTRINE – the general principle is that a State is not responsible for losses
incurred by aliens in time of civil war
GROUNDS FOR INTERVENTION
Some of the grounds that have been advanced to justify intervention are:

 When it is justified as a measure of self-defense by the State

 As a measure of legitimate reprisal
 When it takes place under a treaty giving such right to the intervening State
 When it is done for humanitarian reasons
Universality Principle – provides for jurisdiction over crimes committed by aliens outside
the territory on the sole basis of the presence of the alien within the territory of the State
assuming jurisdiction
Protective Principle – it expresses the desire of a sovereign to punish actions committed
in other places solely because it feels threatened by those actions. This principle is
invoked where the “victim” would be the government or sovereign itself.
Passive Nationality – a theory of jurisdiction based on the nationality of the victim
Active nationality - the basis of jurisdiction where the forum State asserts the right to
prescribe a law for an action based on nationality of the actor.
Territoriality Principle
Subjective Territoriality – if an activity takes places within the territory of the forum State,
then the forum State has the jurisdiction to prescribe the rule for that activity
Objective Territoriality – this is invoked where the action takes place outside the territory
of the forum State, but the primary effect of the activity is within the forum State
Protective Personality – A State may exercise jurisdiction over acts of foreigners even
when committed outside of its territorial jurisdiction when the vital interest of the State are
threatened
Exemption from jurisdiction
Act of State Doctrine – the doctrine protects the sovereignty of State by judicial deference
to the public acts of a foreign State done in that State’s territory
The courts of one country will not sit in judgment on the acts of the government of another,
done within its own territory
Exterritoriality – that status of a person or thing physically present on a State’s territory,
but wholly or partly withdrawn from the State’s jurisdiction by a rule of International Law
EXTRADITION – is the removal of an accused from the requested State (the Asylum State) with
the object of placing him at the disposal of foreign authorities to enable the requesting State or
government to hold him in connection with any criminal investigation directed against him or the
execution of a penalty imposed on him under the penal and criminal law of the requesting State
or government
Usual exemption – political and religious offense
Deportation unlike extradition, is essentially a unilateral act of the deporting State in order
to get rid of an undesired foreign national
The purpose of deportation is achieved when such foreign national leaves the deporting
State’s territory

DISTINCTION
Extradition means the surrender by force of a wanted person by the requested State to the
requesting State, while deportation is the expulsion of an unwanted or undesirable alien
Extradition may only be made pursuant to a treaty between the requesting State and the
requested State, but deportation is a pure unilateral act and an exercise of sovereignty
Extradition is for the benefit of the requesting State, but deportation takes place in the
interest of the country of residence and is ordered without a request by a third State
DIPLOMATIC INVIOLABILITY – means that the person of the diplomatic agent, his
residence and the diplomatic premises and property may not be the subject of any kind of
interference on the part of the receiving State which is legally bound to afford him special
protection
WAR OF NATIONAL LIBERATION – is a conflict in which people are fighting against
colonial domination and alien occupation and against racist regimes in the exercise of
their right of self determination
- Conflict of international character
COMMAND RESPONSIBILITY – renders a military or person effectively acting as a military
or person effectively acting as a military commander criminally responsible for crimes
committed by forces under his