Public International Law.

Definitions of Terms and Concepts

State. An entity that possesses the following:

(1) Population;
(2) Territory;
(3) Government; and
(4) Sovereignty.

International Law. Also known as the law of nations, it is the body of accepted rules and principles which regulate the conduct of States and other
international persons as they interact in the world community.

Domestic or Municipal Law. Laws unilaterally enacted by a State in its sovereign capacity, regardless of its designation, and generally effective
within its territory.

Monism. International law and domestic law are one and the same, but subject to a hierarchy, with international law as binding in good faith and
cannot be derogated by reason of domestic law.

Dualism. International law and domestic law are distinct and separate, and supreme in its own sphere of operation.

Family of States. A worldwide community composed of States, and these States possess rights and obligations.

International Personality. The capacity to assume rights and duties under international law.

Recognition. An act by which another State acknowledges that the political entity recognized possesses attributes of statehood.

Constitutive Recognition. It is the act of recognition which creates or constitutes the status of a State as a subject of law and thus gives it legal
personality.

Declaratory Recognition. Recognition merely confirms the acceptance by States of the status of an entity as a State.

Right of Self-determination. Every State has an inalienable right to choose its political, economic, social and cultural systems, without
interference in any form by another State. This denies the right of any State to intervene, directly or indirectly, in the internal or external affairs of
any other State or to use political, economic or any other type of measure in order to secure advantages of any kind from another State or to
subordinate the exercise of the latter's sovereign rights.

Diplomacy. The art, science and practice of conducting negotiations between States.

Comity. Those acts, usages, and rules of goodwill, etiquette and courteous treatment that are due from one State to another, and which are based
upon mutual self-respect.

Conflict of Laws. Also known as Private International Law. Defined as that body of legal rules which are to be applied to a conflict between two
systems of law in the decision of cases having contact with more than one territory. It involves a choice of law to be applied in case a foreign element
is involved.

International Relations. Official intercourse which is maintained by States through their foreign offices or ministries.
Transnational Law. The whole complex of rules, international and quasi-international, municipal and quasi-municipal, which govern transactions,
whether governmental or private, which transcend political or jurisdictional frontiers.

Sources of International Law.

(1) International conventions, whether general or particular, establishing rules expressly recognized by the contesting States;
(2) International custom, as evidence of a general practice accepted by law;
(3) The general principles of law recognized by civilized nations;
(4) Judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the
determination of rules of law.

Customary International Law. A usage or practice observed by a number of States for a considerable period of time, consistent with prevailing
international law and commanding the general acquiescence of other States.
Elements of CIL: (1) State practice; and (2) opinio juris

opinio juris. A recognition by a State of a customary practice as legally binding upon it.

lex generali. A general juridical regime between parties to an agreement.

lex specialis. A special juridical regime between parties to an agreement.

General Principles of Law. General principles of justice closely linked to natural law, which have been incorporated in municipal legal systems
and have been eventually recognized as authoritative. (e.g. nulla crimen sine lege, re bis in idem)

jus cogens. A peremptory norm of general international law, accepted and recognized by the international community of States as a whole as a
norm from which no derogation is permitted and which can be modified only by a subseqent form of general international law having the same
character. If a new peremptory norm of general international law emerges, any existing treaty which is in conflict with that norm becomes void and is
terminated.

Obligations erga omnes. Obligations which are the concern of all States, by which all States are held to have a legal interest. Procedurally, it can
only affect standing, but not consent to ICJ jurisdiction. An important distinction must be drawn between the obligations of State to the community as
a whole, and those arising vis-a-vis another State (obligations inter se).

Incorporation Clause. The Phils adopts the generally accepted principles of IL as part of the law of the land.
Codification. A precise formulation and systematization of rules of IL in fields where there already has been extensive State practice, precedence
and doctrine. (e.g., VCLT)

Progressive Development. The preparation of draft conventions on subjects which have not yet been regulated by international law or in regard to
which the law has not yet been sufficiently developed in the practice of States. (e.g., Draft Articles on Responsibility of States for Internationally
Wrongful Acts)

The 1969 Vienna Convention on the Law of Treaties (VCLT). A codification of the generally accepted rules of IL concerning the creation,
effectivity, interpretation, nullification and termination of treaties.

Treaty. An international agreement concluded between States in written form and governed by IL, whether embodied in a single instrument or in
two or more related instruments and whatever its particular designation. A treaty shall be interpreted in good faith in accordance with the ordinary
meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. A treaty does not create rights or obligations
for a non-signatory State without its consent, except if a rule set forth in a treaty becomes recognized as a customary rule of international law.

Executive Agreement. An international agreement entered into between the executive departments of governments concerning matters of lesser
importance than those dealt with by treaties. They are made:
(1) Purely as executive acts for matters of lesser importance; or
(2) In pursuance of acts of the legislature.

Stages of Formation of Treaties.

(1) Negotiations by the representatives of States, which includes drafting of text;
(2) Affixing of signatures of negotiators signifying provisional acceptance;
(3) Ratification of the treaty, which is the final acceptance;
(4) The entry into force of the treaty.

Exchange of Notes. An informal method by which States subscribe to a certain understanding or recognize certain obligationsratione as binding
upon them. It is usually conducted between diplomatic representatives or ministers of foreign affairs acting in behalf of their governments.

travaux preparatoires. Preparatory work for the drafting of an international agreement which may be used in the latter's interpretation.

Memorandum. A diplomatic note, either signed or merely initialed by the negotiators, containing salient points.
note verbale. An unsigned document which contains a resume of diplomatic conversations.
proces verbal. A formal record of the proceedings or conference.

Reservation. A unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a
treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State.

Formation of Reservations. A reservation may be done when a State signs, ratifies, accepts, approves or accedes to a treaty. It may not be done
when:
(1) The reservation is prohibited by the treaty;
(2) The treaty provides that only specified provisions may be made; or
(3) The reservation is incompatible with the object and purpose of the treaty.

If a State makes a reservation which is incompatible with the object and purpose of the treaty, it may be regarded as not a participant to the treaty. In
all other reservations, the reserving State is still a participant to the treaty. An objection to a reservation made by a State who has signed the treaty but
has not yet ratified the same is effective only when the State has ratified the treaty. However, an objection to a reservation made by a non-signatory
State is without legal effect.

Ratification. Synonymous with acceptance, approval, or accession. It is the international act whereby a State establishes on the international plane
its consent to be bound by a treaty. In the case of the Philippines, ratification is subject to the Treaty Clause.

Doctrine of Transformation or Treaty Clause. International law is not part of domestic law unless they are so transformed by means of
legislation. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the
Senate.

Entry Into Force. The precise time when rights and obligations of parties to the treaty become operative, either as soon as consent to be bound by
the treaty is established, or in such manner or upon such date as the treaty may provide, or as the negotiating States may agree.

Object and Purpose Doctrine. A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when any of the
following conditions have been met:
(1) The State has signed the treaty or has exchanged instruments constituting the treaty subject to ratification, acceptance or approval, until it shall
have made its intention clear not to become a party to the treaty.
(2) The State has expressed its consent to be bound by the treaty, pending entry into force of the treaty and provided that such entry into force is not
unduly delayed.

Material Breach. The violation of a provision essential to the accomplishment of the object and purpose of the treaty. Also, the repudiation of a
treaty not sanctioned by the VCLT.

pacta sunt servanda. Also known as the Doctrine of Good Faith Compliance. Every treaty in force is
binding upon the parties and must be performed by them in good faith. A party may not invoke the provisions of its internal law as justification for its
failure to perform a treaty.

rebus sic stantibus. Also known as the Doctrine of Fundamental Change of Circumstances. A fundamental change of circumstances which has
occurred with regard to those existing at the time of the conclusion of a treaty, and which has not foreseen by the parties, may not be invoked as a
ground for terminating or withdrawing from the treaty, unless:
(1) The existence of those circumstances constituted an essential basis of the consent of the parties bound by the treaty; and
(2) The effect of the change is radically to transform the extent of obligations still to be performed under the treaty.

However, a fundamental change of circumstances is absolutely not a ground for terminating or withdrawing from a treaty if:
(1) The treaty establishes a boundary; or
(2) The fundamental change is the result of a breach by the party invoking it either of an obligation under the treaty or of any other international
obligation owed to any other party to the treaty.

Doctrine of Error. A State may invoke an error in a treaty as invalidating its consent to be bound by the treaty if the error relates to a fact or
situation which was assumed by that State to exist at the time when the treaty was concluded and formed an essential basis of its consent to be bound
by the treaty. The doctrine does not apply if:
(1) The State in question contributed by its own conduct to the error or if the circumstances were such as to put that State on notice of a possible
error; or
(2) The error relates only to the wording of the text of the treaty.

Doctrine of Supervening Impossibility of Performance. A party may invoke the impossibility of performing a treaty as a ground for terminating
or withdrawing from it if the impossibility results from the permanent disappearance or destruction of an object indispensable for the execution of the
treaty. If the impossibility is temporary, it may be invoked only as a ground for suspending the operation of the treaty. However, impossibility of
performance may not be invoked by a party as a ground for terminating, withdrawing from or suspending the operation of a treaty if the impossibility
is the result of a breach by that party either of an obligation under the treaty or of any other international obligation owed to any other party to the
treaty.

Self-contained Regime. When a State gives its consent to a treaty, it thereby supersedes the application of relevant customary international law.
Therefore, any breach of treaty obligation must be resolved by means provided by the treaty.

United Nations (UN). An international organization founded on 24 October 1945, in San Francisco, USA, formed for the purpose of maintaining
international peace and security through the establishment of collective security, the development of friendly relations among nations, and the
achievement of international cooperation in solving international problems. Its principal organs are the:
(1) General Assembly (UNGA);
(2) Security Council (UNSC);
(3) Economic and Social Council (ECOSOC);
(4) International Court of Justice (ICJ); and the
(5) Secretariat, headed by the Secretary-General (UNSG).

The UN has objective international personality, meaning that it has legal personality with respect even to States not a member thereof.

International Court of Justice (ICJ). The principal judicial organ of the United Nations. All members of the UN are ipso facto parties to the
Statute of the ICJ. Each member shall undertake to comply with the decision of the ICJ in any case to which it is a party. But in case of non-
compliance, the other may have recourse to the UNSC which may recommend or take measures to give effect to the judgment.

Only States may be parties in cases before the ICJ, but the ICJ may request that public international organizations provide information relevant to
cases before it.

ICJ Contentious Jurisdiction. Can either be Compulsory or Compromissory. The ICJ has jurisdiction in all legal disputes concerning:
(1) The interpretation of a treaty;
(2) The existence of any fact which, if established, would constitute a breach of an international obligation;
(3) The nature or extent of the reparation to be made for the breach of an international obligation.

ICJ Compulsory Jurisdiction. States may at any time declare that they recognize as compulsory ipso facto and without special agreement, in
relation to any other state accepting the same obligation, the contentious jurisdiction of the ICJ.

ICJ Compromissory Jurisdiction. ICJ jurisdiction by virtue of a compromissory clause, conferred by the parties upon the ICJ in its contentious
jurisdiction.

ICJ Advisory Jurisdiction. The ICJ may give an advisory judgment on any legal question at the request of whatever body may be authorized by or
in accordance with the UN Charter to make such request.

compromis. An agreement that specifies the subject matter of the dispute between or among States, the time and manner of appointing arbitrators,
the place where the tribunal shall meet, and such other applicable rules and procedures as may be agreed upon. The arbitrator or tribunal cannot rule
upon matters not stated in the compromis.

Compromissory Clause. A provision in a treaty whereby the States Parties agree or disagree to submit themselves to the jurisdiction of an
international tribunal regarding questions or disputes arising from the treaty.

forum prorogatum. In the absence of express consent between States, they are said to have accepted the tribunal's jurisdiction if one of them
makes an application to the ICJ or takes some other step implying consent.

competence de la competence. In the event of a dispute as to whether the ICJ has jurisdiction, the matter shall be settled by its own decision. Also
applies to the ICC and other international tribunals.

ex aequo et bono. “Out of equity and liberality.” In the absence of any applicable law, the ICJ may resolve a case based on equity, but only if the
parties agree.

Charter Body. An international organization or tribunal, other than a UN organ, created under the provisions of the Charter of the UN, in
pursuance of its goals of collective security under Chapter VII or the pacific settlement of disputes under Chapter VI. (e.g., ICTY, ICTR)

Treaty Body. An international organization or tribunal, created under the provisions of a treaty other than the UN Charter, in pursuance of the
treaty's goals, its enforcement, or settlement of disputes arising from interpretations of the treaty. (e.g., ITLOS, ICC)

Doctrine of State Responsibility. There is an internationally wrongful act of a State when conduct consisting of an action or omission:
(1) Is attributable to the State under international law (Secondary Rule); and
(2) It constitutes a breach of international obligations of a State (Primary Rule).
The breach can either be a breach of an obligation of conduct, or a breach of an obligation of result.

There is a breach of an international obligation by a State when an act of that State is not in conformity with what is required of it by that obligation,
regardless of its origin or character.
Obligation of Conduct. An obligation which requires a particular course of conduct.
Obligation of Result. An obligation which requires the achievement of a particular result.

Principles of Attribution. These are the circumstances in which an act or omission is to be considered as the conduct of a State:
(1) Conduct of organs of a State – The conduct of any State organ shall be considered an act of that State under IL, whether the organ exercises
legislative, executive, judicial or any other functions, whatever position it holds in the organization of the State, and whatever its character
as an organ of the central government or of a territorial unit of the State.
(2) Conduct of State agents – The conduct of a person or entity which is not an organ of the State but which is empowered by the law of that
State to exercise elements of the governmental authority shall be considered an act of the State under international law, provided the person
or entity is acting in that capacity in the particular instance.
(3) Conduct of organs placed at the disposal of a State by another State – The conduct of an organ placed at the disposal of a State by another
State shall be considered an act of the former State under international law if the organ is acting in the exercise of elements of the
governmental authority of the State at whose disposal it is placed.
(4) Excess of authority by a State agent – The conduct of an organ of a State or of a person or entity empowered to exercise elements of the
governmental authority shall be considered an act of the State under international law if the organ, person or entity acts in that capacity,
even if it exceeds its authority or contravenes instructions.
(5) Conduct directed or controlled by the State – The conduct of a person or group of persons shall be considered an act of a State under
international law if the person or group of persons is in fact acting on the instructions of, or under the direction and control of, that State in
carrying out the conduct.
(6) Conduct in default of authorities – The conduct of a person or group of persons shall be considered an act of a State under international law
if the person or group of persons is in fact exercising elements of the governmental authority in the absence or default of the official
authorities and in circumstances such as to call for the exercise of those elements of authority.
(7) Conduct of an insurrectional movement – The conduct of an insurrectional movement which becomes the new government of a State shall
be considered an act of that State under international law; or if the insurrectional movement instead succeeds in establishing a new State in
part of the territory of a pre-existing State or in a territory of its administration shall be considered an act of the new State under
international law.
(8) Conduct adopted by the State as its own – Conduct which is not attributable to a State shall nevertheless be considered an act of that State
under international law if and to the extent that the State acknowledges and adopts the conduct in question as its own.

Circumstances Precluding Wrongfulness. These are justifying circumstances for a State in committing an act which would have constituted a
breach under international law:
(1) Consent by the injured State;
(2) Self-defense in conformity with the UN Charter;
(3) Countermeasures in respect of an internationally wrongful act;
(4) Force majeure;
(5) Distress; (6) Necessity.

These circumstances do not preclude the wrongfulness of any act of a State which is not in conformity with a jus cogens norm.

Doctrine of Distress. The wrongfulness of an act of a State not in conformity with an international obligation of that State is precluded if the author
of the act in question has no other reasonable way, in a situation of distress, or saving the author's life or the lives of other persons entrusted to the
author's care. This does not apply if:
(1) The situation of distress is due, either alone or in combination with other factors, to the conduct of the State invoking it; or
(2) The act in question is likely to create a comparable or greater evil.

Doctrine of Necessity. Necessity may not be invoked by a State as a ground for precluding the wrongfulness of an act not in conformity with an
international obligation of that State unless the act:
(1) Is the only way for the State to safeguard an essential interest against a grave and imminent peril; and
(2) Does not seriously impair an essential interest of the State or States towards which the obligation exists, or of the international
community as a whole.

In any case, necessity may not be invoked by a State as a ground for precluding wrongfulness if:
(1) The international obligation in question excludes the possibility of invoking necessity; or
(2) The State has contributed to the situation of necessity.

Nationality. A legal bond having at its basis a social fact of attachment, a genuine existence of interest and sentiments, together with the existence
of reciprocal rights and duties.

Reprisals. Acts of self-help short of war by the injured State. Acts in retaliation for acts contrary to international law. Reprisals are unlawful if they
are out of proportion with respect to the acts being retaliated to.

Retorsions. Unfriendly, discourteous or unfair acts made by a State in retaliation to similar acts done by another State. They are not unlawful.

Countermeasures. Reprisals not involving the use of force. Regardless of whether or not a State has resorted to countermeasures, its international
obligations remain in force.

Reparation. An act, which must, as far as possible, wipe out all the consequences of the illegal act and re-establish the situation which should, in
all probability, have existed if that act had not been committed.

Satisfaction. Acknowledgment of the breach, or formal apology or other expressions of regret or remorse.

Restitution. A kind of reparation which re-establishes the situation existing before the breach.

Compensation. Payment of financially assessable damage caused by the wrongful act.

Sovereign Immunity. A State, on account of its status requiring sovereign equality is not subject to judicial process of another State without its
consent. May be conferred either on a State government or an individual head of State.

Absolute Immunity. Immunity to all acts of State. Generally regarded as obsolete in current practice.
Relative Immunity. Acts of state are accorded immunity depending on whether they are jure imperii or jure gestionis. Generally, only jure imperii
are granted immunity.

jure imperii. Also known as the Act of State Doctrine. Public or governmental acts.

jure gestionis. Private, commercial or proprietary acts.

State Immunity. A State's government cannot be sued abroad without its consent or waiver, and its public property cannot be attached or taxed in
whatever country it may be located.

Head of State Immunity. Traditionally, a head of State, whether he is the actual head of State or only the nominal head, enjoys immunity from suit
in the territory of another State. The immunity is accorded to him not as an individual but as head of State. May be waived by a home government
with respect to its ex-head of State.

Waiver of State Immunity. A State may be deemed to have waived its immunity from suit when:
(1) It gives its consent at the time the proceeding is instituted;
(2) After notification of the proceeding, it takes any step relating to the merits in that proceeding before asserting its immunity;
(3) By contract upon which the proceeding is based, it has previously consented to the institution of such a proceeding;
(4) By treaty with the State in whose court the proceeding is brought, it has previously consented to the institution of such a proceeding; or
(5) It has previously, by law or regulation or declaration in force at the time that the claim of the complainant arose, indicated that it would
consent to the institution of such proceeding.

Intervention. Dictatorial interference by a State in the affairs of another State for the purpose of maintaining or altering the actual condition of
things. Intervention may or may not involve the use of force. Generally, intervention is a violation of international law, but it may be allowed in
exceptional circumstances such as self-defense under the UN Charter.

Aggression. The use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any
other manner inconsistent with the UN Charter. In this definition, the term “State” is used without prejudice to questions of recognition or to whether
a State is a member of the UN, and includes the concept of a “group of states” where appropriate. Aggression is a crime against international peace,
and includes the following acts:
(1) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting
from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof;
(2) Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of
another State;
(3) The blockade of the ports or coasts of a State by the armed forces of another State;
(4) An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State;
(5) The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of
the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement;
(6) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an
act of aggression against a third State;
(7) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another
State of such gravity as to amount to the acts listed above, or its substantial involvement therein.

Neutrality. Legal status of a State in times of war by which it adopts impartially in relation to the belligerent of their recognition.

jus ad bellum. “Justice of war.” Legal justification for the initiation of armed conflict. After World War II and the establishment of the UN, armed
conflict is no longer regarded by the international community as an acceptable means of resolving international disputes. However, in the event of
any threat to the peace, the UNSC may take such action by air, sea or land forces as may be necessary to maintain or restore international peace and
security. This action by the UNSC is not aggression in international law. The UN Charter also does not impair the inherent right of self-defense if an
armed attack occurs against a Member of the UN.

jus in bello. “Justice in war.” These are the international rules governing the conduct of an armed conflict. Presupposes a moral framework for
warfare, that the conduct of war does not necessarily lead to a breakdown of morality and humanity.

International Humanitarian Law (IHL). Branch of international law which governs armed conflict to the end that the use of violence is limited
to purely military objectives only.

Principle of Distinction. Belligerents must distinguish between military targets and civilians.

Principle of Proportionality. Belligerents must only use the necessary force to accomplish legitimate military objectives with the minimum
possible collateral damage.

Martens Clause. Provides that in cases not covered by the rules of law, the inhabitants and belligerents remain under the protection and the rule of
the principles of the law of nations. An exception to the self-contained regime doctrine with respect to IHL.

International Armed Conflict. The use of force between two or more States, regardless of its length or intensity. The four Geneva Conventions of
1949 apply to international armed conflicts:
(1) Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field;
(2) Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea;
(3) Convention (III) relative to the Treatment of Prisoners of War; and
(4) Convention (IV) relative to the Protection of Civilian Persons in Time of War.

Non-international Armed Conflict. Violence, that reaches a certain threshold, between a State and armed groups, or between armed groups within
a State. Classic examples are rebellions and insurrections, but any violence occurring within a State, or targeted against a State across multiple
territories, must consider the length and intensity of the violence. A High Contracting Party to the 1949 Geneva Conventions is obliged to observe the
following minimum provisions, under Common Article 3:
(1) Humane treatment of persons not taking an active part in the hostilities, including members ofarmed forces who have laid down their arms and
those placed hors de combat by sickness, wounds, etc., without adverse distinction founded on race, color, religion, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place:
(a) Violence to life and person, murder of all kinds, mutilation, cruel treatment and torture;
(b) Taking of hostages;
 (c) Outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court,
affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
(2) The wounded and sick shall be collected and cared for.

The application of the above provisions does not affect the legal status of the Parties to the conflict.

hors de combat. “Outside of combat.” A person is hors de combat if he abstains from any hostile act and does not attempt to escape, and if:
(1) He is in the power of an adverse Party;
(2) He clearly expresses an intention to surrender; or
(3) He has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself.

Prisoners of war. Persons who have fallen into the power of the enemy, and belonging to one of the ff categories:
(1) Members of the armed forces of a Party to the conflict;
(2) Members of militias, volunteer corps, or organized resistance movements belonging to a Party to the conflict and fulfilling the following
conditions:
(a) That of being commanded by a person responsible for his subordinates;
(b) That of having a fixed distinctive sign recognizable at a distance;
(c) That of carrying arms openly;
(d) That of conducting their operations in accordance with the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a government or authority not recognized by the detaining Power;
(4) Persons accompanying the armed forces without actually being members thereof, and authorized by the armed forces to accompany them, such as
civilian contractors, war correspondents, etc.;
(5) Members of crews, including masters, pilots and apprentices of the merchant marine and the civil aircraft of the Parties to the conflict;
(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without
having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
A Head of State, as a commander-in-chief of the State's armed forces, also belongs in these categories.

Civilian. Any person who does not belong to one of the categories of persons enumerated under POW

Status Determination Hearing. Conducted by a competent tribunal in order to resolve doubts as to whether a person, having committed a
belligerent act and having fallen into the hands of the enemy, is a civilian or a prisoner of war. Nevertheless, before such hearing has been conducted
to resolve his doubtful status, that person shall enjoy the protections of the 1949 Geneva Conventions.

Universal Jurisdiction. With respect to crimes against all of mankind, they may be punished in the competent tribunal of any country where the
offender may be found or into which he may be carried. Considered not just a right of the State by also a duty.

International Criminal Court (ICC). A permanent international tribunal established by the Rome Statute of 1998 for the investigation, trial, and
punishment of persons accused of committing the most serious crimes of international concern, namely:
(1) The crime of genocide;
(2) Crimes against humanity;
(3) War crimes;
(4) The crime of aggression.

Genocide. Any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(1) Killing members of the group;
(2) Causing serious bodily or mental harm to members of the group;
(3) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(4) Imposing measures intended to prevent births within the group;
(5) Forcibly transferring children of the group to another group.

Crimes Against Humanity. Any of the following acts when committed as part of a widespread or systematic attack directed against any civilian
population, with knowledge of the attack:
(1) Murder;
(2) Extermination;
(3) Enslavement
(4) Deportation or forcible transfer of population;
(5) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of IL;
(6) Torture;
(7) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(8) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender, or other grounds that are
universally recognized as impermissible under international law, in connection with any crime within the ICC's jurisdiction;
(9) Enforced disappearance of persons;
(10) The crime of apartheid;
(11) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

Attack Directed Against Any Civilian Population.

A course of conduct involving the multiple commission of offenses referred to in Crime Against Humanity, pursuant to or in furtherance of a State or
organizational policy to commit such attack.

Extermination. Includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring
about the destruction of part of a population.

Enslavement. The exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in
the course of trafficking in persons, in particular women and children.

Deportation or Forcible Transfer of Population. Forced displacement of the persons concerned by expulsion or other coercive acts from the area
in which they are lawfully present, without grounds permitted under international law .

Torture. The intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the
accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions.
Forced Pregnancy. The unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any
population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws
relating to pregnancy.

Persecution. Intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or
collectivity.

Apartheid. Inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of
systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that
regime.

Enforced Disappearance of Persons. The arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a
State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts
of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

War Crimes. These are either:

(1) Grave breaches of the 1949 Geneva Conventions, or other serious violations of the laws and customs applicable in international armed
conflict, within the established framework of international law; or
(2) In the case of a non-international armed conflict, except situations of internal disturbances and tensions such as riots, isolated and sporadic
acts of violence or other acts of a similar nature, any serious violations of the Common Article 3 to the 1949 Geneva Conventions, or any
other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established
framework of IL.

ICC Jurisdiction ratione materiae. Also known as Material Jurisdiction or Jurisdiction over the Subject Matter. See entry on ICC.

ICC Jurisdiction ratione locus. Territorial Jurisdiction. The ICC may exercise its jurisdiction if the
crime was committed on the territory, or on board a vessel or an aircraft registered under a:
(1) State Party to the Rome Statute; or a
(2) State which has accepted the jurisdiction of the ICC with respect to the crime through a declaration.

ICC Jurisdiction ratione personae. Personal Jurisdiction. The ICC may exercise its jurisdiction if the
person accused of the crime is national of a:
(1) State Party to the Rome Statute; or a
(2) State which has accepted the jurisdiction of the ICC with respect to the crime through a declaration.

ICC Jurisdiction ratione temporis. Temporal Jurisdiction. The ICC has jurisdiction only with respect to crimes committed after the entry into
force of the Rome Statute.

Principle of Complementarity. The ICC shall be complementary to national criminal jurisdictions. A case is inadmissible where:
(1) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely
to carry out the investigation or prosecution;
(2) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned,
unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;
A case is also inadmissible on the grounds of double jeopardy and insufficient gravity.

Unwillingness. The following circumstances shall be grounds for the ICC to consider unwillingness of a State in a particular case:
(1) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal
responsibility for crimes within the jurisdiction of the ICC;
(2) There has been unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to
justice;
(3) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in
the circumstances, is inconsistent with an intent to bring the person concerned to justice.

Inability. The ICC shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable
to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.

Trigger Mechanisms. These are acts that initiate the exercise of the ICC's jurisdiction:
(1) Referral of the situation to the ICC Prosecutor by a State Party;
(2) Referral of the situation to the ICC Prosecutor by the UNSC acting under its Chapter VII powers; or
(3) The ICC Prosecutor has initiated an investigation motu propio in respect of such situation.

Deferral. An investigation or prosecution by the ICC Prosecutor may be postponed by the UNSC for a period of 12 months, through a resolution
adopted under Chapter VII of the UN Charter.

ne bis in idem. Also known as the Principle of Double Jeopardy. Under the Rome Statute, a person convicted or acquitted by the ICC or another
court may no longer be tried by the ICC or another court for the same conduct. However, a person who has been tried by another court for Genocide,
Crimes Against Humanity, or War Crimes can still be tried by the ICC if the proceedings in the other court:
(1) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the court; or
(2) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and
were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.

nullum crimen sine lege. “No crime without a law.” The ICC cannot adjudge a person criminally liable unless the conduct in question constitutes,
at the time it takes place, a crime within the jurisdiction of the ICC. The definition of a crime shall be strictly construed and shall not be extended by
analogy. In case of doubt, the definition shall be interpreted in favor of the person being investigated, prosecuted or convicted.

nulla poena sine lege. “No punishment without a law.” The ICC may punish a convicted person only in accordance with the Rome Statute.

Doctrine of Command Responsibility. A military commander or person effectively acting as a military commander shall be criminally
responsible for crimes within the jurisdiction of the ICC committed by forces under his or her effective command and control, or effective authority
and control as the case may be, as a result of his or her failure to exercise control properly over such forces, where:
(1) That military commander either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to
commit such crimes; and
(2) That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their
commission or to submit the matter to the competent authorities for investigation and prosecution.

Doctrine of Superior Orders. The fact that a crime has been committed by a person pursuant to an order of a Government or of a superior,
whether military or civilian, shall not relieve that person of
criminal responsibility, unless:
(1) The person was under a legal obligation to obey orders of the Government or the superior;
(2) The person did not know that the order was unlawful; and
(3) The order was not manifestly unlawful.

Asylum. Privilege granted by a State to allow an alien escaping from the persecution of his country for political reasons to remain and grant him
asylum.

Diplomatic Asylum. When a person seeks refuge in the premises of a foreign mission in the receiving State.

Territorial Asylum. When refuge is sought in a foreign country.

Refugee. A person who:

(1) Owing to a well-founded fear of being persecuted for reason of race, religion, nationality, membership of a particular social group or political
opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or
(2) Not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear,
is unwilling to return to it.

Loss of Refugee Status. A person shall lose his refugee status if:
(1) He has voluntarily re-availed himself of the protection of the country of his nationality;
(2) Having lost his nationality, he has voluntarily re-acquired it;
(3) He has acquired a new nationality, and enjoys the protection of the country of his new nationality;
(4) He has voluntarily re-established himself in the country which he left or outside which he
remained owing to fear of persecution;
(5) He can no longer, because the circumstances in connection with which he has been recognized as a refugee have ceased to exist, continue to
refuse to avail himself of the protection of the country of his nationality, except for compelling reasons; or
(6) Being a person who has no nationality he is, because of the circumstances in connection with which he has been recognized as a refugee have
ceased to exist,

Exclusion of Refugee Status. Refugee status shall not be granted to a person when:
(1) He has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make
provision in respect of such crimes;
(2) He has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;
(3) He has been guilty of acts contrary to the purposes and principles of the United Nations.

State of First Refuge. The State where the refugee first arrived, or the State which first intercepted or interdicted the refugee.

Secure Third State. A State where the refugee can be expelled or transferred to, and where the refugee will not suffer any risk or threat to his life
or freedom.

Temporary Refuge. Granted only in times of civil unrest or other upheavals and only as a protection against violent mobs, groups of insurgents,
etc.

Right of non-refoulement. Right of a refugee not to be expelled or returned in any manner whatsoever to the place where there are substantial
grounds for believing that he would be in danger of being subjected to torture, discrimination, or other threats to his life or freedom.

Exceptions to non-refoulement. The right may not be claimed by:

(1) A refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is; or
(2) A person who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country.

Economic Migrant. A person seeking refuge because of economic reasons.

Rendition. Transfers made without recourse to the regular legal procedures of extradition, removal, or exclusion but not involving allegations of
involvement of torture.

Renditions to Justice. Apprehension of suspects without recourse to judicial proceedings by US officials who are brought to US or another State
for trial or questioning on specific crimes.

Extraordinary Rendition. Transfer of an individual, with the involvement of the US or its agents, to a foreign State in circumstances that make it
more likely than not that the individual will be subjected to torture or cruel, inhuman or degrading treatment.

Reverse Rendition. Foreign authorities picking up persons in non-combat/battlefield situations and handing over to US custody without basic legal
protections.

Extradition. The surrender of an individual accused or convicted of a crime by a State within whose territory he is found and his delivery to the
State where he allegedly committed or was convicted by a State. It is a waiver of the sovereign prerogative to host non-nationals.

aut dedere aut adjudicare. “Extradite or prosecute.”

General Principles of Extradition.

(1) No extradition without a treaty;
(2) Political Offense Exception;
(3) Double Criminality – the crime committed in the Requesting State must also be a crime in the Extraditing State;
(4) An extraditee may only be prosecuted for the crime for which his extradition is requested.
International Human Rights Law (IHR). A set of international rules, established by treaty or custom, on the basis of which individuals and
groups can expect and/or claim certain behavior or benefits from governments.

International Bill of Human Rights. An informal name given to the Universal Declaration of Human Rights, International Covenant on Civil and
Political Rights, with its 2 Optional Protocols and International Covenant on Economic, Social and Cultural Rights.

Universal Declaration of Human Rights (UDHR). Is a declaration adopted by the UN General Assembly on December 10, 1948. It arose directly
from the experience of the Second World War and represents the first global expression of rights to which all human beings are entitled to. It consists
of 30 articles which have been elaborated in subsequent international treaties, regional human rights instruments, national constitutions and laws. It
consists of 30 articles which have been elaborated in subsequent international treaties, regional human rights instruments, national constitutions and
laws.

International Covenant on Civil and Political Rights (ICCPR). Is a multilateral treaty adopted by the United Nations General Assembly on 16
December 1966, and in force from 23 March 1976. It commits its parties to respect the civil and political rights of individuals, including the right to
life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.

International Covenant on Economic, Social and Cultural Rights (ICESCR). Is a multilateral treaty adopted by the United Nations General
Assembly on 16 December 1966, and in force from 3 January 1976. It commits its parties to work toward the granting of economic, social, and
cultural rights (ESCR) to individuals, including labor rights and rights to health, education, and an adequate standard of living.

Racial Discrimination. Any distinction, exclusion, restriction or preference based on color, descent or national or ethnic origin, which has the
purpose or effect of nullifying or impairing the recognition, enjoyment on an equal footing of human rights and fundamental freedoms.

Discrimination Against Women. Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or
nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human
rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

Principle of Progressive Achievement. A State is obligated to undertake a program of activities and to realize those rights which are recognized
by the ICESCR.

Resource-contingent Obligation. A State is obliged to undertake steps for the full realization of the rights recognized by the ICESCR to the
maximum of its available resources.

Derogation Clause. Provision in the ICCPR which states that in time of public emergency which threatens the life of the nation and the existence
of which is officially proclaimed, the States Parties may take measures derogating from their obligations under the present Covenant to the extent
strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international
law and do not involve discrimination solely on the ground of race, color, sex, language, religion or social origin.

The following however are non-derogable rights:

(1) Arbitrary deprivation of life;
(2) Torture, or cruel, inhuman or degrading treatment or punishment;
(3) Slavery and servitude (imprisonment for non-payment of debt);
(4) Forced or compulsory labor;
(5) Ex Post Facto Laws;
(6) Recognition everywhere as a person before the law; and
(7) Freedom of thought, conscience and religion.
Many jurists believe that these non-derogable rights are jus cogens norms.

Non-Discrimination Clause. Provision in the UDHR stating that all persons are entitled to the rights and freedoms set forth in the Declaration
without distinction of any kind.

ICCPR Enforcement Regimes. A State Party under the Optional Protocol to the ICCPR is required to perform and to allow the following acts in
connection with the enforcement of civil and political rights.
(1) Reporting Obligations;
(2) Complaints by Other States;
(3) Complaints by individuals.

Communication. Under the ICCPR Optional Protocols, these are written complaints to the UN Committee on Human Rights, by individuals who
claim that any of their rights enumerated in the ICCPR have been violated, and who have exhausted all available domestic remedies.

International Economic Law (IEL). International law regulating transborder transactions in goods, services, currency, investment and intellectual
property. Excludes private international law and issues of economic welfare.

General Agreement on Tariffs and Trade (GATT). Predecessor to the WTO, these are a series of treaties aimed at regulating international trade
in goods and services, with a view to increasing the economic prosperity of each of its members through the substantial reduction of barriers to trade
and discriminatory treatment in international commerce.

International Monetary Fund (IMF). Organization established by international treaty in Bretton Woods, USA, in 1945 to promote monetary
cooperation among its members. Its statutory purposes include promoting the balanced growth of international trade, stability of exchange rates and
the maintenance of orderly exchange arrangements among members. The IMF monitors global economic and financial developments and gives
policy advice, lends to member countries with balance of payments problems, and provides technical assistance in its areas of expertise.

World Bank (WB)/International Bank for Reconstruction and Development (IBRD). Established also in Bretton Woods, the WB provides
loans for Member States, initially for reconstruction projects after World War II, and eventually for maintenance of those States' balance of payments
and whenever any of those States suffer deficits.

World Trade Organization (WTO). The only global international organization dealing with the rules of trade between nations. At its heart are the
WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The WTO provides a forum for
negotiating agreements aimed at reducing obstacles to international trade and ensuring a level playing field for all, thus contributing to economic
growth and development. The WTO also provides a legal and institutional framework for the implementation and monitoring of these agreements, as
well as for settling disputes arising from their interpretation and application. The current body of trade agreements comprising the WTO consists of
16 different multilateral agreements (to which all WTO members are parties) and two different plurilateral agreements (to which only some WTO
members are parties).

Most Favored Nation (MFN) Clause. Any advantage, favor, privilege or immunity granted by any contracting party to any product originating in
a state party shall be accorded immediately and unconditionally to the like product originating in all other contracting parties.

Dumping. The export of cheaper goods to a State where local goods of the same kind and quality are substantially more expensive. The GATT
prohibits economic measures against dumping.

Social Dumping. Happens when an exporting State is able to send cheap goods by sacrificing provisions on social legislation and labor standards,
such as minimum wages, social security, right to organize, etc.

Quantitative Restrictions. These are prohibitions or restrictions, other than duties and taxes, that reduce the amount of imported goods in a State,
in the form of quotas, import or export licenses, or other means.

Exceptions to Quantitative Restrictions. Subject to the conditions that the measures are not arbitrary or disguised as a restriction on international
trade, a State may impose import restrictions that are:
(1) Necessary to protect public morals;
(2) Necessary to protect human, animal or plant life or health;
(3) Relating to the importation or exportation of gold or silver;
(4) Necessary to secure compliance with laws or regulations which are not inconsistent with the GATT, including those relating to customs
enforcement, the enforcement of monopolies, the protection of patents, trade marks and copyrights, and the prevention of deceptive
practices;
(5) Relating to the products of prison labor;
(6) Imposed for the protection of national treasures of artistic, historic or archaeological value;
(7) Relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on
domestic production or consumption;

Territory. One of the elements of a State. An area over which a state has effective control.

Title to Territory. Legal basis to the acquisition of territory recognized by international law.

Conquest. Taking possession of a treaty through armed force. For acquisition of conquered territory, it is necessary that the war had ended either
by treaty or by indication that all resistance has been abandoned. Moreover, the conqueror must have the intention of acquiring the territory and not
just of occupying it temporarily.

Discovery and Occupation. Is the acquisition of terra nullius, that is, territory which prior to occupation belonged to no state or which may have
been abandoned by a prior occupant. There is abandonment when the occupant leaves the territory with the intention of abandoning it. Discovery of
res nullius is not enough to establish sovereignty. It must be accompanied by effective control. Effective control however is relative and may depend
on the nature of the case. Where there are 2 or more claimants to a territory, effective control is also relative to the strength of claims.

Accretion and avulsion. Sovereignty over territory by operation of nature. Accretion is the gradual increase of territory by the action of nature,
avulsion is a sudden change resulting for instance from the action of a volcano.

Cession. Acquisition of territory through treaty.

Prescription. A mode of acquiring sovereignty over territory. Like occupation, prescription requires effective control but unlike occupation the
object of prescription is not terra nullius. Thus the required length of effective control is longer than in occupation. It might be negated by a
demonstrated lack of acquiescence by the prior occupant.

Test of Effective Sovereignty. Also known as effectivités. Open and public, peaceful and continuous display of sovereignty.

Doctrine of Critical Moment. It is not sufficient to establish the title by which territorial sovereignty was validly acquired at a certain moment; it
must also be shown that sovereignty continued to exist at the moment for which the decision in dispute must be considered as critical.

Boundaries. Imaginary lines on the surface of the earth which separate the territory of one state from that of another, or from the unappropriated
territory or from the open sea.

uti possidetis, ita possideatis. “As you possess, so may you possess.” Preservation of demarcation under the colonial regimes corresponding to each
of the colonial entities that was constituted as a State.

Common Heritage of Mankind. Territories beyond the reach of sovereign States, such as the high seas, Antarctica, outer space and celestial
bodies.

Territorial Baselines. The line from which the maritime zones are measured.

Normal Baselines. The normal baseline for measuring the breadth of the territorial sea is the low water line along the coast as marked on large-
scale charts officially recognized by the coastal State.

Archipelagic Baselines. An archipelagic state may draw straight archipelagic baselines joining the outermost points of the outermost islands and
drying reefs of the archipelago.

Straight Baselines. Are a system of straight lines joining specified or discrete points on the low-water line. Must not depart to any appreciable
extent from the general direction of the coast and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be
subject to the regime of internal waters.

Internal Waters. Waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State.

Bays. A well-marked indentation whose penetration is such proportion to the width of its mouth as to contain landlocked waters and constitute
more than a mere curvature of the coast. Its area must be at least as large as a semicircle whose diameter is a line drawn across the mouth of that
indentation.
Bay or River-closing Lines. Are straight lines drawn between the respective low-water lines of the natural entrance points of bays or rivers.

Island. An island is a naturally formed area of land, surrounded by water, which is above water at high tide.

Territorial Seas. The belt of water 12 nautical miles from the baseline. The sovereignty of the coastal state extends to the territorial sea, its seabed
and subsoil and to the air space above it. That sovereignty is subject solely to the right of innocent passage for foreign ships.

Contiguous Zone (CZ). The belt of water contiguous to the territorial sea, the outer limit of which does not exceed 24 nautical miles from the
baseline. The coastal state exercises control necessary its custom, fiscal, immigration or sanitary laws.

Exclusive Economic Zone (EEZ). The area beyond the territorial sea, not exceeding 200 nautical miles from the baseline.

Continental Shelf. The natural prolongation of its land territory to the outer edge of the continental margin. Consists of the seabed and subsoil of
the shelf, the slope and the rise. Extends to at most 200 nautical miles from the baselines. Largely coextensive with the EEZ likewise covering 200
nautical miles from the baselines. Can be extended to the outer edge of the continental margin.

Archipelago. A group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that
such islands, waters and other natural features form an intrinsic geographical, economic and political entity or which historically have been regarded
as such.

Archipelagic State. A state constituted wholly by one or more archipelagos and may include other islands.

Archipelagic Waters. The archipelagic State enjoys sovereignty over all waters enclosed by the archipelagic baselines, regardless of their depths
and distances from the coast, as well as their sea-bed, subsoil, and resources, and the airspace above it.

High Seas. All parts of the sea that is not included in the exclusive economic zone, in the territorial seas or in the internal waters of a State or in the
archipelagic waters of an archipelagic State.

Freedom from the High Seas. In comprises, inter alia, both for coastal and land-locked States:
(1) Freedom of Navigation;
(2) Freedom of overflight;
(3) Freedom to lay submarine cables and pipelines;
(4) Freedom to construct artificial islands and other installations permitted under international law;
(5) Freedom from fishing, subject to conditions; and
(6) Freedom from scientific research.

Internal Waters. Waters on the landward side of the baseline. The coastal state exercises full sovereignty and these waters form an integral part of
the state’s territory. Includes rivers, lakes and bays.

Innocent Passage. Passage not prejudicial to the peace, good order or security of the coastal State.
When it is not considered ‘innocent passage’
(1) Any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal state;
(2) Any exercise or practice with weapons of any kind;
(3) The loading or unloading off any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and
regulations of the coastal state;
(4) Any act of willful and serious pollution contrary to the UNCLOS;
(5) Any fishing activities; or
(6) The carrying out of research and survey activities.

Land-locked State. A State wholly enclosed by land borders, and without access to a coastline. They have the right to participate, on an equitable
basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same
subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned.

Proliferation. The phenomenon occurring in post-Cold War years, where international organizations and tribunals have increased in number.

Horizontal Overlap. Two or more co-equal or unrelated international organizations or tribunals exercising the same function or jurisdiction. (e.g.
ICC vis-a-vis the ICTY, ICTR; ITLOS vis-a-vis the ICJ; Committee on Human Rights vis-a-vis the ICC.)

Vertical Overlap. Two or more hierarchically related organizations or tribunals exercising the same function or jurisdiction. (e.g. UNSC vis-a-vis
the ICJ, ICC, ICTY and ICTR; ECOSOC vis-a-vis Committee on Human Rights, Committee on the CEDAW)

Public International Law – Midterm Exam

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil,
the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth
and dimensions, form part of the internal waters of the Philippines.
All the waters around, between and connecting the various islands of the Philippine Archipelago, irrespective of their width or dimension, have
always been considered as necessary appurtenances of the land territory, forming part of the inland or internal waters of the Philippines.
All the waters beyond the outermost islands of the archipelago but within the limits of the boundaries set forth in the aforementioned treaties
comprise the territorial sea of the Philippines.
The baselines from which the territorial sea of the Philippines is determined consist of straight lines joining the appropriate points of the outermost
islands of the archipelago (straight baseline method);

ARCHIPELAGIC DOCTRINE. Outermost points of the archipelago shall be connected by straight baselines and all islands and waters therein are
regarded as one integrated unit. P.D. No. 1599 (Establishing an Exclusive Economic Zone and For Other Purposes), promulgated on June 11, 1978.
There is established an exclusive economic zone extending "to a distance of two hundred nautical miles beyond and from the baselines from
which the territorial sea is measured. Provided, That, where the outer limits of the zone as thus determined overlap the exclusive economic zone
of an adjacent or neighboring state, the common boundaries shall be determined by agreement with the state concerned or in accordance with
pertinent generally recognized principles or international law on delimitation." (Sec. 1 thereof.)
Other states shall enjoy in the exclusive economic zone freedoms with respect to navigations and overflight, the laying of submarine cables and
pipelines, and other internationally lawful uses of the sea relating to navigation and communications. (Sec. 4 thereof.) Purposes:

1. Sovereign rights to explore, exploit, conserve and manage the natural resources, living or non-living, renewable or non-renewable of the seabed,
subsoil, and superadjacent waters. Economic exploitation and exploration of the resources of the zone such as the production of energy from the
water, currents and winds.
2. Exclusive rights and jurisdiction with repect to the establishment and utilization of artificial islands, off-shore terminals, installations and
structures; the preservation of the marine environment, including the prevention and control of pollution and scientific research.
3. Such other rights as are recognized by international law.

Other states are prohibited from using the zone to:

1. Explore or exploit any resources;
2. Carry out any search, excavation or drilling operations;
3. Conduct any research;
4. Construct or operate any artificial island, off-shore terminal, installation, or other structure;
5. Perform any activity which is contrary to, or in derogation of, the sovereign rights and jurisdiction herein provided.

Other states are allowed to use the zone for:

1. Navigation and overflight;
2. Laying of submarine cable and pipelines;
3. Other lawful uses related to navigation and communication.

In case of overlapping of EEZs, the common boundaries are to be detemined by (i) agreement and (ii) international rules on delimitations. UN
Convention on the Law of the Sea (30 April 1982.) The exclusive economic zone which shall not extend beyond 200 nautical miles from baselines
from which the breadth of the territorial sea is measured, is recognized in the UNCLOS, of which the Philip pines is a signatory. Its concept is that
although it is not part of the territory, exclusive economic benefit is reserved for the country.

Right of Innocent Passage. The right of all ships to engage in continuous and expeditious surface passage through the territorial sea and archipelagic
waters of foreign coastal states in a manner not prejudicial to its peace, good order, or security. Passage includes stopping and anchoring, but only if
incidental to ordinary navigation or necessary by force majeure or distress, or for the purpose of rendering assistance to persons, ships, or aircraft in
danger or distress.

Criminal jurisdiction on board a foreign ship. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing
through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its
passage, save only in the following cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;
(c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State;
or
(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.

Civil jurisdiction in relation to foreign ships 1. The coastal State should not stop or divert a foreign ship passing through the territorial sea for the
purpose of exercising civil jurisdiction in relation to a person on board the ship. 2. The coastal State may not levy execution against or arrest the ship
for the purpose of any civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the
purpose of its voyage through the waters of the coastal State.

Contiguous zone 1. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary
to: (a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea (b) punish
infringement of the above laws and regulations committed within its territory or territorial sea. 2. The contiguous zone may riot extend beyond 24
nautical miles from the baselines from which the breadth of the territorial sea is measured.

Rights, jurisdiction and duties of the coastal State in the exclusive economic zone
1. In the exclusive economic zone, the coastal State has: (a) sovereign rights for the purpose of exploring and exploiting, conserving and managing
the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other
activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; (b)
jurisdiction as provided for in the relevant provisions of this Convention with regard to: (i) the establishment and use of artificial islands, installations
and structures; (ii) marine scientific research; (iii) the protection and preservation of the marine environment; (c) other rights and duties provided for
in this Convention.
2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to
the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention.
3. The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI.

Right of Hot Pursuit. Pursuit commenced within the territory, internal waters, the archipelagic waters, the territorial sea, or territorial airspace of
the pursuing state and continued without interruption beyond the territory, territorial sea, or airspace. Hot pursuit also exists if pursuit commences
within the contiguous or exclusive economic zones or on the continental shelf of the pursuing state, continues without interruption, and is undertaken
based on a violation of the rights for the protection of which the zone was established. The right of hot pursuit ceases as soon as the ship or hostile
force pursued enters the territory or territorial sea of its own state or of a third state. This definition does not imply that force may or may not be used
in connection with hot pursuit. NOTE: This term applies only to law enforcement activities.

Cabotage - the exclusive right of a country to control the air traffic within its borders

Territorial Jurisdiction which is the authority over persons and properties within the territorial boundaries. Personal Jurisdiction which in
the sense is its authority over its nationals who are now in foreign territory.

Principle of Exterritoriality, is the fiction in international law by virtue of which certain foreign persons and their things are exempted
from the jurisdiction of a State on the theory that they form an extension of the territory of their own State. Applies to embassies only and not based
on treaty but international custom. Principle of Extraterritoriality, is the exemption of foreign person from the laws and jurisdiction of the State in
which they presently reside, an exemption which can exist only by virtue of a treaty stipulation to this effect.

Most-favored-nation clause. A clause, often inserted in treaties, by which each of the contracting nations binds itself to grant to the other
in certain stipulated matters the same terms as are then, or may be thereafter, granted to the nation which receives from it the most favorable terms in
respect of those matters. It is used most frequently in treaties regarding the terms of trade between countries, as regarding tariffs and non-tariff
barriers to trade.
 Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential application, the provisions of this Code
shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its
jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the
Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.

Doctrine of State Imputability. A State may be held liable for a denial of justice to an alien if the following requisites are present:
1. An act or omission in violation of international law;
2. Said act or omission must be imputable to the State itself as a consequence of the direct acts of its responsible officials.