DOCTRINE OF TRANSFORMATION- Generally, accepted

CHAPTER 1 rules of int’l law are not per se binding upon the State but
INTERNATIONAL LAW- Is the body of legal rules which must first be embodied in legislation enacted by the law-
apply between sovereign States and such other entities as making body and so transformed into municipal law.
have been granted international personality. - Rule: Reconcile apparent contradiction and
DIVISIONS thereby give effect, if possible to both.
1. Law Of Peace- Normal relations of States Presumed that municipal law is always enacted
2. Law of War- during war and hostilities with due regard with PIL.
3. Law of Neutrality- relations with belligerents or SANCTIONS IN INTERNATIONAL LAW
those involved in war SANCTIONS - The compulsive force of reciprocal
DISTINCTIONS WITH MUNICIPAL LAW advantage & fear retaliation
MONISTS- Fundamental notions of int’l law cannot be Kinds of Sanctions
comprehended without assumption of superior legal order - observance will redound to the welfare of the
from which systems of municipal law are derived. whole international community.
DUALISTS - Sanction- compelling force to obey the law.
MUNICIPAL LAW INTERNATIONAL LAW - Normal habits of obedience in man as a social
Issued by a political Adopted by States as a being
superior for observance by common rule of action - Desire to protect agreeable public image in
those under its authority order to maintain goodwill and favorable regard
Enactments from law From sources such as int’l to the rest of the family of nations. (respect for
making authority customs, conventions and world opinion)
general principles of int’l law - Fear of retaliation by other states
Regulates relations of Regulates relations between - Machinery of the UN
individuals among States and int’l persons - May consist of appeal to public opinion,
themselves publication of correspondence, censure by
Violations redressed thru Resolved thru state-to-state parliamentary vote, demand for arbitration with
local/administrative and transactions the odium attendant on a refusal to arbitrate,
judicial processes (negotiations/arbitration or reprisals etc…
reprisals/war) PEREMPTORY- applied to something which removes or
Breaches entails Individual Collective/attaches to state takes away an existing claim or right
responsibility - A peremptory exception is a plea which if
sustained will require final dismissal of the
RELATION TO MUNICIPAL LAW action contracted by dilatory plea.
DOCTRINE INCORPORATION- (emphasizes amenability to - A writ or order like mandamus which requires
Int’l Law) By affirming their recognition of the principles of unqualified obedience contracted with an
international law in their constitutions alternative writ.
INTERNATIONAL LAW AS DISTINGUISHED FROM OTHER
CONCEPTS
INTERNATIONAL MORALITY/ETHICS- Principles which
govern relations of States from the higher standpoint of
conscience, morality, justice and humanity
INTERNATIONAL COMITY- Refers to those rules of courtesy
observed by states in their mutual relations.
INTERNATIONAL ADMIN. LAW- Body of laws and
regulations, created by action of int’l conferences or
commissions which regulate relations of int’l and nat’l.
agencies.
INTERNATIONAL DIPLOMACY- Objects of int’l or nat’l policy
and conduct of foreign or int’l affairs; application of
intelligence and tact in the conduct of official relations
between independent states
BASIS OF INTERNATIONAL LAW
NATURALIST SCHOOL- Natural and universal principle of
right and wrong, independent of any mutual intercourse
or compact which is supposed to be discovered or
recognized by the individual through the use of his reason
and conscience. International law is a law above the state
POSITIVIST SCHOOL- Binding force of int’l law derived
from the agreement of states. A law of coordination not
subordination. Positive identification or acknowledgement
of the law necessary to make it binding, on states it
purports to govern. Consent is asserted, expressed,
implied, presumed.
ECLECTICS- Compromise position. System of int’l law is
based on the dictate of right reason as well as the
practice of states. In case of conflict: natural law is to
prevail.
Grotius- father of int’l law.
Voluntary law may blend with the natural law and be
indeed the expression of it.
ENFORCEMENT OF INTERNATIONAL LAW
IS INTERNATIONAL LAW A TRUE LAW? If AUSTINIAN
CONCEPT followed, true law only if prescribed by political
superior with power to punish violators, therefore IL is not
a true law.
OTHER VIEW: IL A TRUE LAW. Society may voluntarily
adopt and obey although no specific penalty imposed for
non-observance.
OBSERVANCE ENFORCEMENT
Essentially subjective Process by which
dependent on volition of observance may be
the entity which is compelled usually by force
governed by law or threat of force
ENFORCEMENT- process by which such observance may
be compelled, usually by force or at least the threat of
force.
States are able to enforce international law thru
international organizations or regional groups.
Before resorting to Int’l Orgs may resolve thru
DIPLOMATIC TALKS or HOSTILE MEANS.
After war: Prosecution of war criminals & collection of
reparations.
May be treated as a part of municipal law.
FUNCTIONS OF INTERNATIONAL LAW
1. Establish peace and order in the community of
nations and to prevent employment of force in
international relations.
2. Promote world friendship by leveling barriers
3. Encourage and ensure greater international
cooperation in the solution of certain common
problems of political, economic, cultural or
humanitarian character.
4. Aims to provide for orderly management of the
relations of states on the basis of substantive rules
they have agreed to observe.
CHAPTER 2
ART. 387 ICJ Statute- Sources of International Law 2. Inability at times to adjust swiftly to developments.
PRIMARY/DIRECT SECONDARY/INDIRECT Ex. Rules of blockade.
Treaties Decisions of courts USAGE- also a long established way of doing things by
Conventions Writings of publicists states not coupled with the conviction that it is obligatory
Customs and right. Ex. Maritime Ceremonials
General principles of law GENERAL PRINCIPLES OF LAW- Mostly derived from law of
nature; observed by majority of states because believed
ART. 387- The court, whose function is to decide in to be good and just. Ex. Prescription, estoppel, pacta sunt
accordance with international law such disputes as are servanda, consent, res judicata.
submitted to it shall apply: Based on reason and conscience.
a. Int’l conventions, general or particular, establishing SECONDARY SOURCES
rules expressly recognized by the contesting state - No distinction as to decisions of int’l or nat’l
b. International custom, as evidence of a general tribunals.
practice accepted by law. - As long as undertakes to establish true rule of
c. General principles of law recognized by civilized law
nations - STARE DECISIS not applicable in IL decisions of
d. Judicial decisions and teachings of most highly the court binding only upon the parties.
qualified publicists of various nations, as subsidiary - Writings of publicists= mere qualifications not
means for determination of rules of law enough; fair and unbiased representation.
Particular IL- Ex. Bilateral treaty CHAPTER 3
Except: if of the same nature, practically uniform INTERNATIONAL COMMUNITY- Body of juridical entities
provisions and concluded substantial # of states. which are governed by the law of nations.
Ex: standard extradition treaties - Includes other international persons
General Rule: to be a direct source, MUST BE CONCLUDED SUBJECT OBJECT
BY SIZABLE # OF STATES. - Entity that has - Person or thing in
OR if intended to lay down rules for the observance of all, rights and respect of which
subsequently signed by other states. responsibilities rights are held
CUSTOM- (Fenwick) A practice which has grown up under the law and obligations
between states and has become accepted as binding by - Faculty of assumed by the
the mere fact of PERSISTENT USAGE over a long period of Motivation: can be subject
time. a proper party to - Not governed by
Ex: Immunity for foreign heads of states or diplomats transactions IL
(principle of extraterritoriality) - Rights and
PROBLEMS: responsibilities
1. Determination when a practice can be considered imposed thru
to have hardened enough into custom instrumentality of
 intermediate
agency
STATE- A group of people living together in a definite
territory under an independent government organized for
political ends and capable of entering into international
relations
NATION- racial/ethnic concept; indicates a relation of birth
or origin and implies a common race, usually
characterized by community of language and customs.
ELEMENTS OF STATE/NATION
1. Permanent population
2. Definite territory
3. Government
4. Sovereignty or independence
5. Recognition by other states
6. Possession of sufficient degree of civilization
PEOPLE- human beings living in a territory
TERRITORY- fixed portion of the surface of the earth in
which people of the state reside. (defined territory
necessary for jurisdictional reasons)
- Must be big enough to be self-sufficient; small
enough to be administered and defended.
GOVERNMENT- agency thru which the will of the state is
formulated, expressed and realized
SOVEREIGNTY- power of the state to direct its own
external affairs without interference or dictation from
other states.
CAPACITY OF STATES- recognition of a state is considered
a political act which may not be compelled.
- Restricted capacity of the state to discharge int’l
obligations owing either to treaty commitments
or to its limited resources
CLASSIFICATION OF STATES
INDEPENDENT DEPENDENT
- Full international - exemplified by the
personality protectorate and
- Simple or suzerainty
somposite either - do not have control
of which of their external
neutralized relations
INDEPENDENT STATES- State which is not subject to
dictation from others
A. SIMPLE STATE- one placed under a single and
centralized government exercising power over both
its internal and external affairs.
B. COMPOSITE STATE- consists of 2 or more states,
each with its own separate government but bound
under a central authority exercising, to a greater or
less degree, control over their external relations.
1. REAL UNION- 2 or more states merged
under a unified authority so that they
form a single int’l person, thru which they
act as one entity; states forming this
union retain their separate entities.
2. FEDERAL UNION- Combination of 2 or
more sovereign states which upon merger
cease to be states, resulting in the
creation of a new state with full
international personality to represent
them in their external relations as well as
certain degree of power over their
domestic affairs and inhabitants; there
are some, in conformity with municipal
law, do not exercise full direction.
3. CONFEDERATION- An organization of
states which retain their sovereignty,
while delegating to the collective power
to represent them as the whole for
certain limited and specified purposes;
 each member state, able to maintain
international relations; imperfect int’l
person.
4. PERSONAL UNION- 2 or more independent
states are brought together under the
rule of the same monarch; does not
become one int’l person; external policies
directed by the same rules.
5. INCORPORATE UNION- A union 2 or more
states under a central authority
empowered to direct both their external
and internal affairs and possessed of
separate international personality; differs
from real union as only external affairs
are controlled.
C. NEUTRALIZED STATES- WON Simple/Composite
may be neutralized by agreement with other
states; guarantee integrity and independence
provided it refrains from taking any act that will
involve it in war or other hostile activity except for
defensive purposes.
NEUTRALIZED GUARANTEEING
Remove from anxiety Humanitarian or political:
and expenses of int’l balance of power or
politics. buffer to relieve
Ex. Switzerland international friction.
D. DEPENDENT STATES (Semi-sovereign)- a legal
paradox: states of statehood implies independence,
possessed of sovereignty; subject to control of
other states in the direction of external affairs
UNITED NATIONS
Purposes why Regarded as international person:
1. Enjoys certain privileges and immunities (e.g.
nonsuability, inviolability of premises and archives,
tax exemption)
2. Has a right of legation
3. Can assert diplomatic claim on behalf of its officials
4. Treaties may be concluded with it
5. Trust territories under residual sovereignty
6. Can wage war thru exercise of power to undertake
enforcement action in case of threat to or breach of
int’l peace.
VATICAN CITY- an observer in the UN, does not have
voting right.
Lateran Treaty- for the purpose of assuring to the Holy
See absolute visible independce and of guaranteeing it
absolute and indisputable sovereignty in the field of
international relations; Sovereign of the Supreme Pontiff
- Exercises treaty making power and right of
diplomatic intercourse
- Treaty recognizes full ownership, exclusive
dominion and sovereign authority and
jurisdiction of the Holy See over the Vatican
COLONIES AND DEPENDENCIES
Part and parcel of the parent state thru which all its
external relations are transacted with other states;
instances where such entities have been allowed to
participate in their own right in international undertakings
MANDATES AND TRUST TERRITORIES
SYSTEM OF MANDATES- established to avoid outright
annexation of the underdeveloped territories taken from
defeated powers
3 KINDS OF Trust Territories
1. Under mandate of the League of Nations
2. Detached from defeated states after WW2
3. Voluntarily paced under by States responsible for
their administration
- Sovereignty held in abeyance until recognition
as independent state is obtained
BELLIGERENT COMMUNITIES- recognizing state: while not
conferring all rights of an independent state, concedes to
the government recognized the rights and imposes upon
it the obligations of an independent state in matters
relating to war being waged; for purposes of conflict it is
an international person; an inchoative state.
INTERNATIONAL ADMIN BODIES
2 CONDITIONS MUST CONCUR:l
1. Purposes mainly non-political
2. Autonomous
INDIVIDUALS
TRADITIONAL CONCEPT: Individual a concept of
international law; if right violated, redress only thru the
state
ANOTHER VIEW: Individual is basic unit of society,
national and international ultimately governed by the law
of society including those theoretically binding upon
states as agents of individual.
Reasons:
- UN Charter reaffirms faith in fundamental HR
- Universal declaration of HR recognition of
inherent dignity and of the equal and inalienable
rights of all members of human family
- Treaties directly confer rights upon individuals
and authorize them to bring lawsuits against
states before national and international
tribunals. (ex. Treaty of Versailles)
CHAPTER 4
UN Charter- 111 articles, statute of ICJ annexed and
integral part.
Regarded as:
TREATY- derives binding force from the agreement of the
parties to it.
CONSTITUTION- provides for the organization and
operations of the different organs of the UN; adoption of
change thru amendment.
Applies not only to members of the org. but also to non-
member states so far as necessary for the maintenance of
int’l peace and security.
Art. 103- conflict between obligations of members of the
UN under the Charter and obligations under other int’l
agreement; obligations with charter prevails.
Amendments- may be proposed by 2/3 of conference;
come into force upon 2/3 votes of the GA; ratified by 2/3
of members including permanent members of the SC
GENERAL CONFERENCE- may be called by majority vote of
GA and 9 members of the SC for purpose of reviewing the
charter.
PREAMBLE- introduces the charter and sets the common
intentions that moved original members to unite will and
efforts to achieve common purpose.
Content:
1. To save succeeding generations from the scourge
of war
2. To reaffirm the faith in fundamental human rights
3. To promote social progress and better standards of
life
4. To practice tolerance and live together in peace
5. To unite strength and maintain int’l peace and
security
6. To ensure by accepted principles that armed force
shall not be used
7. To employ int’l machinery for the promotion of
economic and social advancement of all peoples.
PURPOSE- the aggregation of common ends
1. To maintain int’l peace and security
 2. To develop friendly relations among nations based
on respect for the principles of equal rights and self
determination of peoples
3. To achieve int’l cooperation in solving int’l
problems
4. To be center for harmonizing the actions of nations
in the attainment of these common ends.
PRINCIPLES- deals with methods and regulating norms
according to which the UN and its members shall
discharge their obligations
7 CARDINAL PRINCIPLES
1. Organization is based on the principle of the
sovereign equality of all its members.
2. All members, in order to ensure to all of them the
rights and benefits resulting from the membership
shall fulfill in good faith the obligations assumed by
them in accordance with present charter.
3. All members shall settle their int’l disputes by
peaceful means in such manner that int’l peace,
security and justice are not endangered.
4. All members shall refrain from the threat or use of
force against territorial integrity or political
independence of any state, or in any other manner
inconsistent with the purposes of the UN.
5. All members shall give The UN every assistance in
any action it takes in accordance with the present
charter; and shall refrain from giving assistance to
any state against which the UN is taking
preventive or enforcement action.
6. Organization shall ensure that states which are not
members of the UN act in accordance with these
principles so far as necessary for the maintenance
of int’l peace and security
GR: Treaties binding upon parties.
EXC: Principle #6
7. Principle of Non-Intervention- nothing in the Charter
shall authorize the UN to intervene in matters
which are essentially within the domestic
jurisdiction of any state or shall require the
members to submit such matters to settlement
under the present charter; this principle shall not
prejudice application of enforcement.
MEMBERSHIP
2 KINDS
1. Original- 51 members; those who participated in
the UN conference & signed declaration on Jan
1972.
2. Elective
Distinction: Manner of admission
QUALIFICATIONS FOR ELIGIBILITY
1. It must be a state
2. It must be peace loving
3. It must accept the obligations of the charter
4. It must be able to carry out these obligations
5. It must be willing to carry out these obligations
Admitted thru a vote of the GA upon favorable
recommendation by the SC
SUSPENSION OF MEMBERS
- Takes place when preventive or enforcement
action taken by the SC
- Effected thru 2/3 vote of those present in the GA
upon favorable recommendation of 9 members
of SC
EFFECT
1. Non-participation in meetings of the GA
2. Cannot be elected or continue to serve in the SC,
ESC or TC
3. Nationals of suspended member may continue
serving in ICJ
 4. Must still discharge obligations under the charter
EXPULSION GENERAL ASSEMBLY
Member which persistently violates principles in the Representative of the UN
charter may be expelled by: Each member: 5 Rep., 5alternate, technical staff
- 2/3 vote of those present in the GA Regular Session: 3rd Tuesday of September
- Upon favorable recommendation of SC by Special Session: @ call of majority of members or request
qualified majority vote. of the SC
1 VOTE/MEMBER
WITHDRAWAL OF MEMBERS
No express provision When 2/3 vote required:
UN May permit withdrawal if: 1. Recommendations on int’l peace and security
a. Organization was revealed to be unable to maintain 2. Election of members of the council
peace or could do so only at the expense of law 3. Admission
and justice 4. Suspension and expulsion
b. Member’s rights and obligations as such were 5. Trusteeship system
changed by a charter amendment which it had not 6. Budgeting matters
concurred or which it finds unable to accept All other matters majority vote of those present and
c. An amendment duly accepted by the necessary voting
majority either in the GA or in the general
conference is not ratified. FUNCTIONS:
1. Deliberative- ex. Initiating studies and making
ORGANS OF THE UN recommendations for dev’t of IL
PRINCIPAL 2. Supervisory- receiving and considering annual &
1. GA special reports from other organs;
2. SC recommendations for coordination.
3. ESC 3. Financial
4. ICJ 4. Elective- election of non-permanent members of
5. Secretariat the SC, ESC, TC,SG, Judges of the ICJ
SUBSIDIARY 5. Constituent- admission of members and
1. Military staff committee amendment of charter
2. Int’l law commission
3. CHR SECURITY COUNCIL
SPECIALIZED AGENCIES Key organ for maintenance of int’l peace and security.
1. WHO
2. IMF 5 PERMANENT MEMBERS
3. Technical Asst. Board etc… 1. China
 2. France LIMITATION: dispute is int’l unless parties submit matter
3. US to UN
4. UK
5. Russia SC also approves trusteeship agreements; constituent
functions.
10 ELECTED MEMBERS- 2yr term
5 Africa/Asia ECONOMIC AND SOCIAL COUNCIL
2 Latin America All members elected by GA for a term of 3 years; may be
2 W. Europe re-elected immediately.
1 E. Europe/other states
Not eligible for immediate re-election Meet in regular session in accordance with rules; special
session at the request of the majority
VOTING- governed by the YALTA FORMULA
1 VOTE/MEMBER 1 VOTE/MEMBER, Decision= majority vote

PROCEDURAL Matters- 9 or more votes
SUBSTANTIVE Matters- 9 including 5 permanent members
Pacific settlement of a dispute- no member who is a party
to such dispute can vote.
VETO- prevent agreement on a non-procedural question
even if supported by all
DOUBLE VETO- it can disprove any proposal to consider a
question merely procedural and thereafter vote against
the question on the merits.
Absence of a permanent member in connection w/ voting
on a non-procedural question is considered a veto,
proposal is deemed adopted if approved by at least 9
members including remaining permanent members.
Members of the UN/Specialized Agencies may participate
but without vote.
EFFORT TOWARDS
1. Higher Standards of living, full employment,
conditions of economic and social progress
2. Solutions of int’l economic, social, health and
related problems, int’l cultural and educational
cooperation
3. Universal respect for and observance of HR and
fundamental freedoms without distinction
ESC assisted by subsidiary organs.
May enter into agreements subject to approval of GA with
specialized agencies.

Purpose of Yalta Formula: ensure unity of permanent INTERNATIONAL COURT OF JUSTICE

members. - Judicial Organ of the UN
- Functions in accordance with the Statute
SC may take steps for pacific settlement of disputes and
preventive/enforcement action.
 - Non-member may become a party on
conditions determined by the GA upon
recommendation of the SC
COMPOSITION: 15 members; elected by absolute majority
vote of GA and SC
QUALIFICATIONS
1. High moral character
2. Possess qualifications required in respective
countries for appointment to their highest judicial
offices or
3. Juriconsults of recognized competence in int’l law
- No 2 members of the court may be nationals o
the same state; if more than 1 national of same
state obtain majorities, only eldest considered
elected
- Election of judges should assure reperesentation
of main forms of civilization and principal legal
systems of the world.
TERM: 9 years; may be re-elected
No judge can be removed UNLESS, in the unanimous
opinion of the members, he has ceased to fulfill the
required conditions.
Court shall elect a PRESIDENT and VICE-PRESIDENT who
shall serve for 3 years and may be re-elected.
It shall remain permanently in session at the Hague or
elsewhere EXCEPT during judicial vacations
May meet either EN BANC, or in CHAMBERS composed of
3 or more judges
All questions are decided by a MAJORITY of the judges
PRESENT.
Quorum: 9 when full Court is sitting.
FUNCTIONS:
1. Decide contentious cases- only States, including
non-members of the UN may be parties
2. Render advisory opinions.
JURISDICTION- based on the consent of the parties as
manifested under the OPTIONAL JURISDICTION CLAUSE
(Comprises all cases which they refer to it and all matters
especially provided for in the Charter, treaties or
conventions in force.
Advisory Opinions- may be given by the Court upon
request of the GA, SC, other organs of the UN, when
AUTHORIZED by the GA, on LEGAL QUESTIONS arising
within the scope of their activities.
SECRETARIAT
- Chief Administrative Organ of the UN headed by
the Secretary-General
- Sec. Gen. Chosen by the GA upon recommendation
of the SC
- Term fixed at 5 Years by resolution of the GA, may
be re-elected.
- Sec. Gen. highest representative of the UN,
authorized to act in its behalf.
Entitled to:
a. Full diplomatic immunities and privileges which
only the SC may waived.
- Sec. Gen. may waive immunities and privileges of
other key-officials of the UN
- Sec. Gen. with duty to:
a. Bring to SC attention matters which in his
opinion threaten int’l peace and security. ( May
be personally mediated by him upon authority
of the SC)
b. Act as secretary in all meetings of the GA, SC,
ESC and TC
c. Performs other functions as may be assigned to
him by the above organs
 d. Prepares the budget of the UN for submission to
the GA
e. Provides technical facilities to diff. organs
f. Coordinates vast administrative machinery
- Sec. Gen. and members of his staff are int’l officers
solely responsible to the Organization, prohibited
from seeking or receiving instruction from any
government or any other external authority.
- From moment of creation, state continuous as a
justice being notwithstanding changes in
circumstances.
FENWICK: Once its identity as an international person
has been fixed and its position in the international
community established, the state continues to be the
same corporate person, whatever changes may take
place in its international operation and government.

PRINCIPLE OF STATE CONTINUITY (SAPPHIRE CASE)

- The reigning sovereign represents the national
sovereignty and the sovereignty is continuous and
perpetual, residing in the proper successors of the
sovereign for the time being.
CHAPTER 5 - Sovereignty does not change but merely the person
or persons in whom it resides
STATE- Basic unit of the international community; EXTINCTION OF A STATE
PRINCIPAL SUBJECT OF INTERNATIONAL LAW
Examples:
4 ELEMENTS 1. Population wiped out by epidemic
1. People 2. Population emigrate en masse
2. Territory 3. Government overthrown not replaced
3. Government 4. State merged with another
4. Sovereignty
SUCCESSION OF STATES
MANNER OF CREATION - Takes place when one state assumes the rights and
1. Revolution obligations of another because of certain changes
2. Unification in the condition of the latter
3. Secession 2 TYPES
4. Assertion of Independence 1. UNIVERSAL- when a state annexed to another state
5. Agreement or is totally dismembered or merges with another
6. Attainment of Civilization state.
2. PARTIAL- when a portion of the territory of a state
PRINCIPLE OF STATE CONTINUITY secedes or is ceded to another, or when an
independent state becomes a protectorate or
 suzerainty; dependent state acquires full
sovereignty.
CONSEQUENCES OF STATE SUCCESSION
1. Allegiance of inhabitants transferred- naturalization
en masse.
2. Political laws of former sovereign automatically
abrogated and may be resorted only by a positive
act on the part of the new sovereign.
EXCEPTION: non-political laws deemed continued
unless changed.
3. Treaties of political, commercial, extradition in
nature
EXCEPTION: Dealing with local rights and duties.
4. All rights of predecessor state inherited by the
successor state but not all liabilities. Successor may
choose which state.
SUCCESSION OF GOVERNMENTS
- One government replaces another either peacefully
or by violent methods.
- Integrity of the state not affected.
- State continuous, lawful representative changed
- Rights of predecessor government are inherited in
toto by the successor government.
- Obligations= distinction made according to manner
of establishment of the new government
ESTABLISHED THRU CONSTI REFORM
- Duly ratified in a plebiscite, obligations of replaced
government are completely assumed.
ESTABLISHED THRU VIOLENCE
- May lawfully reject purely personal or political
obligations but not those contracted in the ordinary
course of official business.
CHAPTER 6
- Admission in family of nations dependent upon
acknowledgment of its status by those already
within the fold and willingness to enter into
relations with it as a subject of international law.
2 VIEWS ADMISSION
1. MAJORITY THEORY- Recognition is merely
declaratory and only affirms pre-existing fact that
the entity being recognized already possesses the
status of an international person.
2. MINORITY VIEW- recognition is constitutive, it is the
last indispensable element that converts or
constitutes the entity being recognized into an
international person.
- Regarded as mandatory and legal.
- May be demanded as a matter of right upon
showing 4 essential elements of a state.
- Recognition may be executed by individual states
or a no. of them.
Ex. Phil. President
Basis: treaty making power of the president
OBJECTS OF RECOGNITION
1. STATE- generally held to be irrevocable and imports
the recognition of its government.
2. GOVERNMENT- may be withdrawn and does not
necessarily signify the existence of a state as the
government may be that of a mere colony.
3. BELLIGERENCY- does not produce the same effects
as the recognition of states and governments
because the rebels are accorded international
personality only in connection with the hostilities
they are waging.

KINDS OF RECOGNITION
1. EXPRESS-
a. Verbal or in writing
b. May be extended thru a formal proclamation
c. an announcement
d. a stipulation in a treaty
e. a letter or telegram
f. On occasion of an official call or conference
2. IMPLIED
- When the recognizing state enters into an official
intercourse with the new member by exchanging
diplomatic representatives with it, concluding with
it a bipartite treaty dealing comprehensively with
their relations in general
- Acknowledging its flag or otherwise entering into a
formal relations with it
- Belligerent community- recognition is implied when
the legitimate government blockades a port held by
the former or when other states observe neutrality
in conflict
ACT CONSTITUTING RECOGNITION must give a clear
indication of an intention:
1. To treat with the new state as such or
2. To accept the new government as having authority
to represent the state it purports to govern and to
maintain diplomatic relations with it or
3. To recognize in the case of insurgents that they are
entitled to exercise belligerent rights
Effect of common membership in I.O. of states not
previously recognized each other- deemed to
recognize each other only within said body.
RECOGNITION OF STATES
- A free act by which one or more states
acknowledge the existence on a definite territory of
a human society politically organized, independent
of any existing state, and capable of observing
obligations of international law, by which they
manifest therefore their intention to consider it a
member of the international community.
RECOGNITION OF GOVERNMENTS
- Recognition of the new government of a state
which has been already recognized is the free act
by which one or several states acknowledge that a
person or a group of persons is capable of binding
the state which they claim to represent and witness
their intention to enter into relations with them.
2 Types Government
1. De Jure
- Satisfies requirements of objective and subjective
test
- If does not sufficiently comply may be considered
as de facto temporarily.
- No indication of kind of recognition being extended
PRESUMED: DE JURE
2. De Facto
a. That which is established by the inhabitants
who rise in revolt against and depose the
legitimate regime.
b. That which is established in the course of
war by the invading forces of one belligerent
in the territory of the other belligerent, the
government which is also displaced.
 c. That which is established by the inhabitants
of a state who secede therefrom without
overthrowing its government.
TOBAR or WILSON PRINCIPLE
- Recognition shall not be extended to any
government established by revolution, civil war,
coup, or other forms of internal violence until the
freely elected representatives of the people have
organized a constitutional government.
STIMSON PRINCIPLE
- Against governments established as a result of
external aggression.
- Incumbent upon the members of the LON not to
recognize any situation, treaty, agreement which
may be brought about by means contrary to the
Covenant of the LON
ESTRADA DOCTRINE
- Government declared that it would, as it saw fit,
continue or terminate its relations with any country
in which a political upheaval had taken place and in
so doing does not pronounce judgment, either
precipitately or a posteriori, regarding the right of
foreign nations to accept, maintain or replace their
governments or authorities.
Current Practice: extend recognition to a new government
only if shown that it has control of the administrative
machinery of the state with popular acquiescence and
willing to comply with its international obligations
OBJECTIVE TEST
1. Government must be able to maintain order within
the state
2. To repel external aggression
SUBJECTIVE TEST- may be employed for the purpose of
justifying the withholding of recognition from a
government that is politically unacceptable.
DE JURE DE FACTO
- Relatively permanent - Provisional
- Vests title in the - No title to
government to its government
properties abroad properties abroad
- Full diplomatic - Limited juridical
relations relations
EFFECTS OF RECOGNITION OF STATES AND
GOVERNMENTS
1. Full diplomatic relations are established except
where the government recognized is de facto.
2. The recognized state or government acquires the
right to sue in the courts of the recognizing state.
- Mere breach of diplomatic relations does not
withdraw the right to sue
DOCTRINE OF STATE IMMUNITY
- A foreign sovereign in the municipal courts of
another state would be an insult which is entitled to
resent and would certainly vex the peace of
nations.
3. The recognized state or government has a right to
the possession of the properties of its predecessor
in the territory of the recognizing state.
4. All acts of the recognized state or government are
validated retroactively, preventing the recognizing
 state from passing upon their legality in its own
courts.
RECOGNITION OF BELLIGERENCY
- Exists when inhabitants of a state rise up in arms
for the purpose of overthrowing the legitimate
government.
3. Relations with other states governed by laws of
neutrality
4. Entitled to full war status as regards all other states
5. When extended, effective only as to third states
extending recognition.
CHAPTER 7

BELLIGERENT INSURGENCY FUNDAMENTAL RIGHTS OF THE STATE

- Merely an internal - Initial stage of 1. Right of Existence & self defense
affair of the state and belligerency 2. Sovereignty and independence
does not produce - Directed by military 3. Right of equality
much international authorities 4. Right of property and jurisdiction
repercussion - Usually not 5. Right of legation or diplomatic intercourse
- Under a civil recognized
government Right if existence and self defense- most comprehensive
- Rules for recognition because all rights are supposed to flow or derived from it
of belligerency - State may take measures as may be necessary to
resist any danger to its existence.
RECOGNITION EXTENDED UPON FOLLOWING
CONDITIONS: REQUISITE
1. There must be an organized civil government - A NECESSITY OF SELF DEFENSE INSTANT,
directing the rebel forces OVERWHELMING AND LEAVING NO CHOICE OF
2. The rebels must occupy a substantial portion of the MEANS AND NO MOMENT OF DELIBERATION
territory state - Right may be resorted only upon clear showing of
3. The conflict between the legitimate government grave and actual danger to the security of the state
and the rebels must be serious, making the - Limited by necessity and kept clearly within it.
outcome uncertain REGIONAL ARRANGEMENTS
4. The rebels must be willing and able to observe the Art. 52, Sec. 1
laws of war - Nothing in the present Charter precludes the
existence of regional arrangement or agencies for
CONSEQUENCES OF RECOGNITION dealing with such matters relating to the
1. Considered a separate state for purposes of the maintenance of international peace and security as
conflict. are appropriate for regional action , provided that
2. Relations governed by laws of war such arrangements or agencies and their activities
are consistent with the purpose of the UN.

EX. NATO
BALANCE OF POWER
An arrangement of affairs so that no state shall be in a
position to have absolute mastery and dominion over
others.
AGGRESSION
Art. 1- is 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 Charter of the United Nations…
Art. 2- the first use of armed forces by a State in
contravention of the Charter shall constitute prima facie
evidence of an act of aggression although the SC may, in
conformity with the charter, conclude that a
determination that an act of aggression has been
committed would not be justified in the light of other
relevant circumstances, including the fact that the acts
concerned o their consequences are not of sufficient
gravity.
Art. 3- Acts qualified as aggression
a. Invasion or attack by the armed forces of a State of
the territory of another, or any military occupation,
however temporary resulting from such invasion or
attack or any annexation by the use of force
b. Bombardment by the armed forces of a state
against another
c. The blockade of ports or coasts
d. An attack by the armed forces on land, sea or air
forces, or marine and air fleets of another
e. 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
with the conditions provided for in the agreement
or any extension of their presence beyond the
termination of the agreements
f. Action of a state in allowing its territory to be used
by another for perpetrating an act of aggression
g. The sending by or on behalf of a state of armed
force against another of such gravity as to amount
to the acts listed above…
Art. 4- acts not exclusive, SC may determine other acts
which constituite aggression
Art. 5-
1. No consideration of whatever nature may serve as
justification for aggression
2. A war of aggression is a crime against international
peace
3. No territorial acquisition or special advantage
resulting from aggression is or shall be recognized
as lawful.
CHAPTER 8
SOVEREIGNTY- is the supreme, uncontrollable power
inherent in a state by which that state is governed; it is
the power of the state to command and enforce
obedience, the power to which, all interests are practically
subject and all wills subordinate.
2 ASPECTS
1. INTERNAL- refers to the power of the state to direct
its domestic affairs.
 2. EXTERNAL- signifies the freedom of the state to
control its own foreign affairs; more often referred
to as independence.
IDEAL OF INDEPENDENCE
- Right to independence is a NATURAL ASPIRATION of
peoples that has, albeit only lately, received
international recognition.
NATURE
FENWICK: Independence cannot be regarded as
importing absolute freedom. It only means freedom from
control by any other state or group of states and not
freedom from the restrictions that are binding on all
states forming the family of nations. Like liberty the
individual must submit to limitations imposed for the
welfare of the community.
Ex. Principle of Mare Liberum- will prevent from arrogating
to itself the exclusive use of open seas to the detriment of
other states.
INTERVENTION
- A State must abstain from intervention.
- The right of independence carries with it the
correlative duty of non-intervetion.
DEFINITION: an act by which a state interferes with the
domestic or foreign affairs of another state through
employment of force or threat of force.
EXCEPTION: when exercised as an act of self-defense or
when decreed by the SC as a preventive or enforcement
action for the maintenance of international peace and
security.
ALLOWED only in the following Instances:
1. Action is agreed upon by Treaty;
2. When requested by sister states;
3. From the United Nations by the parties to a dispute;
4. By a state beset by rebellion.
UN Declaration of Rights
1. Every State has the duty to refrain from
intervention in the internal/external affairs of the
State.
2. No State or group of States has the right to
intervene directly or indirectly, for any reason
whatever, in internal/external affairs of any other
State.
3. No state may use or encourage the use of coercive
measures of an economic or political character in
order to force the sovereign will of another state
and obtain advantages of any kind.
DRAGO DOCTRINE
- Contracting powers agree not to have recourse to
armed force for the recovery of contract debts
claimed from the government of one country by the
government of another country as being due to its
nationals
PORTER RESOLUTION
- Force of the Drago doctrine dissipated
- Intervention is permitted if the debtor state refused
an offer to arbitrate the creditor’s claim, or having
agreed thereto, prevented agreement on
compromise, or having agreed thereto, refused to
abide by the award of the arbitrator
CHAPTER 9

PRINCIPLE OF EQUALITY- all rights of a state, regardless of

their number, must be observed and respected by the
international community in the same manner that the
rights of other states are observed and respected

PAR IN PAREM NON HABET IMPERIUM

- Even the strongest state cannot assume jurisdiction
over another state, no matter how weak, or
question the validity of its acts in so far as they are
made to take effect within its own territory.

CHAPTER 10
TERRITORY- the fixed portion of the surface of the earth
inhabited by the people of the state.
- must be permanent and indicated with precision
because its limits define jurisdiction of the State.
- Must be big enough to provide for needs of the
population; small enough to administer and defend
from external aggression.
- Right to acquire territory, one of the fundamental
attributes of the State.
- Asserted in accordance with the generally accepted
principles of international law and with due regard
with the territorial integrity of other States.
ACQUISITION AND LOSS
I. DISCOVERY AND OCCUPATION- an original mode of
acquisition by which the territory not belonging to
any State, or terra nullius, is placed under the
sovereignty of the discovering state.
- need not be uninhabited provided it can be
established that the natives are not sufficiently
civilized and can be considered possessing only
rights of habitation.
Requisites:
1. Possession- must be claimed on behalf of the State
by the discoverer and may be effected thru a
formal proclamation and symbolic act of raising the
national flag in the territory.
- inchoate title only pending compliance with the 2nd
requisite.
INCHOATE TITLE- performs the function of barring
other States from entering the territory until the
lapse of a reasonable period with which the
discovering State may establish a settlement
thereon and commence to administer it.
2. ADMINISTRATION
Island of Palmas Case
“Discovery alone without any subsequent act,
cannot at the present time suffice to prove
sovereignty over the island…”
“An inchoate title could not prevail over the
continuous display of authority by another state for
such display may prevail even over a prior
definitive title put forward by another state.
II. CESSION- a method by which territory is transferred
from one state to another by agreement between
them.
- effected by sale, donation, barter, exchange,
testamentary disposition.
- Transfer effected upon the meeting of the minds.
III. SUBJUGATION- having previously conquered or
occupied in the cause of war by the enemy, it is
formally annexed to it at the end of that war.
IV. ACCRETION- mode of acquiring territory based on
the principle of accessio cedat principali-
accomplished thru both natural or artificial
processes, as by gradual and imperceptible deposit
 of soil on the coasts of a country thru the action of 3. bays, gulfs, straits
water, or more effectively, by reclamation projects. 4. external waters in the territorial sea.

1. RIVERS
LOSS a. NATIONAL- Situated completely in the territory
I. DERELICTION- when a state exercising sovereignty of one state ex. Pasig River
over it physically withdraws from it with b. MULTINATIONAL- flows thru the territory of
intention of abandoning altogether. several states ex. Congo
c. INTERNATIONAL- navigable from the open sea
REQUISITES: and is open to the use of vessels from all states
a. act of withdrawal ex. Rhine
b. intention to abandon d. BOUNDARY- divides territory of riparian states
ex. St. Lawrence River
II. PRESCRIPTION- requires long, continued and
adverse possession to vest acquisitive title in THALWEG DOCTRINE- absence of specific
the claimant. agreement between such states, boundary line is
III. BY EROSION laid on the river, on the center of its main channel.
IV. BY REVOLUTION - if it changes its course by a gradual and normal
V. BY NATURAL CAUSES process (accretion/erosion) dividing line follows the
new course.
COMPONENTS OF TERRITORY - If deviation is violent and abrupt (avulsion)
boundary line will continue to be laid on the od bed
A. TERRESTRIAL DOMAIN of the river, in the absence of contrary agreement.
- refers to the land mass which may be integrate,
dismembered, partly bounded by water or one 2. BAYS- well-marked indentation whose penetration
whole island. is in such proportion to the width of its mouth as to
- May be mid-ocean archipelagoes or coastal contain land-locked waters and constitute more
archipelagaoes than a mere curvature of the coast.
- indentation not a bay unless area is as large or
B. MARITIME OR FLUVIAL DOMAIN larger than a semi-circle whose diameter is a line
- consists of bodies of water within the land mass drawn across the mouth of that indentation.
and waters adjacent to the coast of the state up to - If distance between low water marks of the natural
a specified limit. entrance points does not exceed 24 miles, a closing
- INCLUDES: line may be drawn and waters enclosed thereby
1. internal waters considered internal waters.
2. rivers and man-made canals - Rule does not apply to historic bays.

3. TERRITORIAL SEA- belt of waters adjacent to the
coast of the state excluding the internal waters in
bays and gulfs, over which the state claims
sovereignty and jurisdiction.
UN CONFERENCE ON THE LAW OF THE SEA
1. Convention on the territorial sea (1958) and the
contiguous zone;
- convention on the high seas;
- convention on fishing & living resources of the high
seas;
- convention on the continental shelf
2. Question of breadth of territorial sea (1960)
3. Convention on the law of the sea (1970)- uniform
breadth of 12 miles for territorial sea; contiguous zone
of 12 miles from outer limits of the territorial sea.
- economic zone/patrimonial sea extending 200 miles
from low water mark of the state.
PHILIPPINE TERRITORIAL SEA
- based on TREATY LIMITS THEORY
- territorial sea of the Philippines should embrace all
the non-internal waters comprised within the limits
set forth by treaty of Paris.
ARCHIPELAGO DOCTRINE (Art. I Sec. I Consti)
- all islands within the Philippines should be
considered one integrated whole instead of being
fragmented into several units each with its own
territorial sea.
CHAPTER 11
ARCHIPELAGO- 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 regulated as such.
- Basis of art. 1 Sec. I Consti. RA 3046 ammended by
RA 5446
METHODS OF DEFINING TERRITORIAL SEA
A. NORMAL BASELINE METHOD- territorial sea is
drawn from the low-water mark of the coast, to the
breadth claimed, following its sinuosities and
curvatures but excluding the internal waters in
bays and gulfs.
B. STRAIGHT LINE BASE METHOD- straight lines are
made to connect appropriate points on the coast
without departing radically from its general
direction.
AERIAL DOMAIN
- airspace above the terrestrial domain and the
maritime and fluvial domain of the state, to an
unlimited altitude but not including outer space.
“Under terms of existing international conventions and
customary international law, states have complete and
exclusive sovereignty in the airspace above their
territories and territorial waters. The concurrent
existence of a region in space which is not subject to
the same regime raises such questions as where
airspace ends and where outer space begins. It was
noted that these limits do not necessarily coincide.
JURISDICTION- the authority exercised by a state over
persons and things within or sometimes outside the
territory, subject to certain exceptions.
May be exercised by a state over:
A. Its nationals
B. Terrestrial domain
C. Continental shelf
D. Open seas
E. Aerial domain
F. Outer space
G. Other territories
KINDS OF JURISDICTION
1. PERSONAL JURISDICTION- the power exercised by a
state over its nationals.
- it is based on the theory that a national is entitled
to the protection of the state.
- Doctrine of Indelible Allegiance- an individual may
be compelled to retain his original nationality
notwithstanding that he has already renounced or
forfeited it under the laws of the second state
whose nationality he has acquired.
Ex. Art. 15, 16 Civil Code
- an alien may be held subject to the laws of a state
whose national interest he has violated,
notwithstanding the offense has been committed
outside the territory. (Art.2 RPC)
2. TERRITORIAL JURISDICTION
General Rule: a state has jurisdiction over all
persons and property within its territory.
The Schooner Exchange vs. McFaddon- “ the
jurisdiction of the nation within it’s own territory is
necessary, exclusive and absolute”.
Exceptions: The State cannot exercise jurisdiction
even within its own territory over:
a. Foreign states, heads of states (doctrine on
sovereign equality), diplomatic representatives,
and to consuls (to have ful freedom in the
discharge of their official duties) to a certain
degree.
b. Foreign state property, including embassies,
consulates, and public vessels engaged In non-
commercial activities.
c. Acts of states- every state is bound to respect
the independence of other sovereign states.
d. Foreign merchant vessels exercising the rights
of innocent passage or arrival under stress.
Innocent Passage- navigation through the
territorial sea of a state for the purpose of
traversing that sea without entering internal
waters, or of proceeding to internal waters, as
long as it is not prejudicial to the peace, good
order or security of the coastal state.
e. Foreign Armies passing through or stationed in
its territories with its permission.
f. Such other persons or property including
organizations like the United Nations, over
which it may, by agreement, waive jurisdiction.
Land Jurisdiction- everything found within the
terrestrial domain of the state is under its
jurisdiction. The local State has exclusive title to all
property within its territory which is subject to the
inherent powers of the state.
 Maritime and Fluvial Jurisdiction- the internal
waters of a state are assimilated to the land mass
and subjected to the same degree of jurisdiction
exercised over the terrestrial domain.
- civil, criminal and administrative jurisdiction is
exercised by the flag state over its public vessels
wherever they may be, provided they are not
engaged in commerce.
- b. punish infringement of the above regulations
The Schooner Exchange vs.Mcfaddon- “national
ships of war entering the port of a friendly power
open for their reception are to be considered as
exempted by the consent of that power from its
jurisdiction.
- Foreign merchant vessels docked in local port or
bay, jurisdiction is exercised over them by the
coastal state in civil matters, but criminal
jurisdiction is determined according to either
English or French rule.
a. ENGLISH RULE- Coastal state shall have
jurisdiction over all offenses committed on
board such vessels except only where they do
not compromise the peace of the port. (applies
in the Philippines)
b. FRENCH RULE- the flag state shall have
jurisdiction over all offenses committed on
board such vessels, except only when they
compromise the peace of the port.
ARCHIPELAGO DOCTRINE- 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, subject to its jurisdiction.
CONTIGUOUS ZONE- in a zone of the high seas
contiguous to its territorial sea, the coastal state
may exercise the control necessary to:
a. prevent infringement of its customs, fiscal,
immigration or sanitary regulations within its
territory or territorial sea, and;
within its territory or territorial sea.
CONTINENTAL SHELF- refers to:
a. the seabed and subsoil of submarine areas
adjacent to the coast but outside the territorial
sea to a depth of 200 meters, or beyond that
limit, to where the depth of the superjacent
waters admits of exploration of the natural
resources of the said areas;
b. to the seabed and subsoil of similar areas
adjacent to he coasts of islands.
- Coastal state has the sovereign right to explore the
continental shelf and to exploit its natural
resources.
- Coastal state allowed to establish on the open seas
immediately above the installations a safety zone
with radius of 500 meters over which may exercise
proper jurisdiction.
- Above rights exclusive: if not exercised no other
state may undertake activities or claim without
consent of coastal state.
PATRIMONIAL SEA- exclusive economic zone or the
patrimonial sea extends 200 nautical miles from the
coast or the baselines.
OPEN SEAS- the open seas or high seas are res
communes and available to the use of all the states for
purposes of navigation.
- in times of war, hostilities may be waged on the
open seas.
A state may exercise jurisdiction on the open seas in
the following instances:
1. Over its vessels
Merchant vessels- when it is within its territory,
when jurisdiction is waived or cannot be exercised
by the territorial sovereign, or when such vessels
are on the open seas.
Lotus Case: In the event of a collision or of any
other incident of navigation concerning a ship on
the high seas, involving the penal or disciplinary
responsibility of the master or of any other person
in the service of the ship, no penal or disciplinary
proceeding may be instituted against such persons
except before the judicial or administrative
authorities either of the flag state or of the state of
which such person is a national.
2. Over Pirates.
3. In the exercise of the right of visit and search-
Under laws of neutrality, the vessel of a belligerent
state may visit and search any neutral merchant
vessel in the open seas and capture it if found or
believed to be engaged in activities in favor of
another belligerent state.
4. Under the doctrine of hot pursuit- If an offense is
committed by a foreign merchant vessel within the
territorial waters of a coastal state, its own vessels
may pursue the offending vessel into the open sea
and upon capture bring it back to its territory for
punishment.
REQUISITES:
A. Pursuit must be begun before offending vessel
left the territorial waters, contiguous zone of a
coastal state
B. Pursuit must be continuous or unabates.
AERIAL JURISDCTION
5 AIR FREEDOMS
1. Freedom to fly across foreign territory without
landing
2. Freedom to land for non-traffic purposes
3. Freedom to put down traffic originating in the State
of the aircraft
4. Freedom to embark traffic destined for the state of
the aircraft
5. Freedom to embark traffic destined for or to put
down traffic originating from a third state.
- it is the state of registration of the aircraft that has
jurisdiction over offenses and acts committed on
board while it is in flight or over the high seas or
any other area outside the territory of the state.
OUTER SPACE- not subject to the jurisdiction of any state.
- celestial bodies shall be free for exploration and
use by all states without discrimination of any kind,
on basis of equality.
- Astronauts shall be regarded as envoys of mankind.
- State launching an object to outer space shall
retain jurisdiction and control over such objects and
over any personnel thereof.
OTHER TERRITORIES
State may extend its jurisdiction beyond its territory and
over territory not falling under its sovereignty. This is
effected thru the following ways:
 1. Through assertion of its personal jurisdiction over - Head of state may appoint special diplomatic
its nationals abroad or exercise of its right to agents charged with specific ceremonial or political
punish certain offenses committed outside its duties.
territory against its national interest. a. Envoys Ceremonial- attend state functions
2. On the strength of its relations with other states or b. Envoys Political- commissioned to negotiate with
territories, when it established a colonial particular state or participate in international
protectorate, condominium or administers a trust conference
territory
3. As consequence of waiver of jurisdiction by a local
state over persons and things within its territory HEAD OF THE STATE
4. Through acquisition of extraterritorial rights. - embodiment of or at least represents the
sovereignty of his State.
EXTERRITORIALITY EXTRATERRITORIALITY - Entitled to immunities and honors:
Refers to exemption of Applies only to persons a. Right to special protection for his physical safety
persons and property and is based on treaty or and preservation of his honor
from the local jurisdiction convention b. Quarters, archives, properties, transportation
on the basis of are inviolate
international custom c. Exempt from criminal and civil jurisdiction
Has become discredited Illustrated by immunities except when he is the plaintiff
because of the rise of of the heads of states in d. Not subject to tax, to exchange or currency
nationalism and sovereign foreign countries restrictions
equality of states e. Ceremonial amenities unless traveling incognito

5. Through enjoyment of easements or servitudes
(e.g. innocent passage, arrival in distress)
CHAPTER 12
AGENTS OF DIPLOMATIC INTERCOURSE
- Diplomatic relations conducted thru the head of
state, foreign secretary or minister, members of the
diplomatic service
FOREIGN SECRETARY
- immediate representative of the head of state and
directly under his control
- can make binding declarations on behalf of the
state on any matter falling within his authority (i.e.
recognition of states, gov’ts, settlement of
international claims)
- also the head of the foreign office and has direction
of all ambassadors and other diplomatic
representatives
DIPLOMATIC ENVOYS
 - Entrusted members of the foreign service who are
accredited by the sending state as its permanent
envoys.
Heads of Diplomatic Missions
1. Ambassadors or nuncios accredited to heads of
state
2. Envoys, ministers or internuncios accredited to
heads of state.
3. Charges d’affaires accredited to ministers for
foreign affairs
- diplomatic matters are now usually discussed with
foreign secretaries regardless of the diplomat’s
rank.
- Distinction in rank important only in connection
with matters of protocol or grant of special honors
DIPLOMATIC CORPS
- body consisting of the different diplomatic
representatives who have been accredited to the
same local or receiving state.
- Does not possess any legal powers or attributes
Doyen du Corps- the oldest member with the highest
rank, in catholic countries, the Papal Nuncio
APPOINTMENT OF ENVOYS
- class to which heads of their missions are to be
assigned shall be agreed upon between the states
concerned
- sending state must make certain that the
agreement of the receiving state has been given
for the person it proposes to accredit as head of the
mission to that state
- appointment not a matter of municipal law
Agreation- means by which informal inquiries are
addressed to the receiving state regarding a proposed
diplomatic representative of the sending state. Receiving
state must manifest its agreement of consent, also
informally.
COMMENCEMENT OF DIPLOMATIC MISSION
Head of Mission- considered as having taken up his
functions in the receiving state either when:
a. presented his credentials
b. notified his arrival and a truecopy of his credentials
to the foreign ministry.
Credentials include:
1. letter of credence- means by which he is accredited
to the receiving state with the request that full faith
and credit be given to his official acts.
2. Diplomatic passport
3. Official instructions
4. Cipher or code book for use in sending secret
communications
DIPLOMATIC FUNCTIONS
1.
2. Protecting in the receiving state the interests of the
sending state and its nationals
3. Negotiating with the government of the receiving
state
4. Ascertaining by lawful means conditions and
developments in the receiving state and reporting
thereon to the government of sending state
5. Promoting friendly relations between the sending
and receiving states and developing their
economic, cultural and scientific relations
- Diplomatic mission may also perform consular
functions in the absence of a consular mission from
the sending state.
CONDUCT OF DIPLOMATIC MISSION
- Must exercise utmost discretion, tact, preserving
the goodwill of the sending state.
- Avoid interference with its internal affairs
DIPLOMATIC IMMUNITIES AND PRIVILEGES
Reason: necessary to give the envoy the fullest freedom
or latitude in the exercise of his official functions.
a. personal inviolability
b. immunity from jurisdiction
c. inviolability of diplomatic premises
d. inviolability of archives
e. inviolability of communication
f. exemption from testimonial duties
g. exemption from taxation
h. other privileges- members of mission freedom of
movement and travel; diplomatic agents exempt
from personal services from all public services,
military obligations; right to use the flag and
emblem of the sending state on the premises of the
mission.
THE DIPLOMATIC SUITE OR RETINUE
- Immunities and privileges are available not only to
the head of mission and his family but also to the
other members of the diplomatic retinue but not in
the same degree.
Diplomatic Retinue- consists of diplomatic staff, the
administrative and technical staff and the service staff.
Administrative and technical staff enjoys the same rights
as the diplomatic staff except immunity from civil and
administrative jurisdiction shall not extend to unofficial
acts
Private Servants, if not nationals of the receiving state,
enjoy only exemption from dues and taxes on their
income from the mission.
DURATION
- Immunities commence from the moment he enters
the territory of the receiving state until his
functions as such has come to an end.
- Immunities and privileges are available in situ and
in transit
TERMINATION OF DIPLOMATIC MISSION
Mission may come to an end through any of the usual
methods of terminating official relations governed by
municipal law.
Under international law:
1. RECALL- may be demanded by the receiving state
when the foreign diplomat becomes persona non
grata to it for any reason. (ex. Making derogatory
statements against the receiving state)
2. DISMISSAL- if demand is rejected by the receiving
state, or even without making a request for recall,
the receiving state may resort to the more drastic
method of dismissal. (offending diplomat is simply
asked to leave the country).
CHAPTER 13
CONSULS- State agents residing abroad for various
purposes but mainly in the interest of commerce and
navigation
- do not ordinarily enjoy all the traditional diplomatic
immunities and privileges
KINDS AND GRADES - Consuls not being diplomatic officials do not enjoy
CONSULES MISSI CONSULES ELECTI the traditional diplomatic immunities and privileges
Professionals or career May or may not be - Exempt from criminal proceedings regarding the
consuls who are nationals nationals of the appointing discharge of their official functions but not with
of the appointing state and state and perform their regard to other offenses.
are required to devote their consular functions only in - Civil suits may be filed in their personal or private
full time to the discharge of addition to their regular capacity
their consular duties callings - Legal processes and arrests may be served in
premises where consular work are not performed
- heads of consular posts are classified according to - Communication may be curtailed or restricted if
importance: exercised to the prejudice of the receiving state
1. consul-general
2. consul TERMINATION OF CONSULAR MISSION
3. vice-consul - Consul’s office may end in accordance with usual
4. consular agent modes of terminating official relations under
municipal law.
APPOINTMENT - Exequatur may also be withdrawn by the receiving
Authority derived from 2 principal sources: state
1. letter patent or letter de provision- commission
issued by the sending state CHAPTER 14
2. Exequatur- authority given to them by the receiving
state to exercise their duties therein TREATY- a formal agreement, usually but not necessarily
in writing, which is entered into by states or entities
possessing the treaty-making capacity, for the purpose of
FUNCTIONS regulating their mutual relations under the law of the
1. Commerce- promote commercial interests of the nations
sending state, to observe commercial trends and
developments In the generic sense: conventions, declarations,
2. Navigation- visiting and inspecting vessels of their covenants, acts, concordats etc…
own states
3. Duties respecting the issuance of passports and
visas FUNCTIONS
4. Duties of protection of nationals 1. To settle finally actual and potential conflicts
2. Make it possible for the parties to modify rules of
IMMUNITIES AND PRIVILEGES international customary law by means of optional
principles or standards
 3. They may lead to a transformation of unorganized
international society into one which may be
organized on any chosen level of social integration
4. Frequently provide the humus for the growth of
international customary law
ESSENTIAL REQUISITES
1. Entered into by parties with the treaty-making
capacity- must have full capacity unless limited by
reason of their status or previous self-imposed
inhibitions.
2. Through their authorized representatives-it is for
municipal law to determine which organ of the
state shall be empowered to enter into treaties
- a state is not bound by a treaty made in its behalf
by an organ or authority not competent under the
law to conclude the treaty; however the state may
be responsible for an injury resulting to another
state for reasonable reliance by the latter upon
reservation that such organ or authority was a
competent to conclude the treaty.
3. Without the attendance of duress, fraud, mistake,
or other vice of consent
4. On any lawful subject-matter
5. In accordance with their respective constitutional
processes- governed by international law except
with respect to method of ratification.
TREATY MAKING PROCESS
1. NEGOTIATION- representatives provided with
credentials known as full powers which they exhibit
to other negotiators at the start of the formal
discussions. One of the parties presents a draft of
the proposed treaty together with counter
proposals which become the basis of the
negotiation
2. SIGNATURE- when negotiators finally decide on the
terms of the treaty, it is opened for signature.
Primarily intended for authenticating the
instrument and symbolizing good faith of the
parties.
3. RATIFICATION- formal act of the state by which it
confirms and accepts the provisions of the treaty
concluded by its representatives. An ungratified
treaty cannot be the source of obligations between
the parties.
- there is no legal obligation to ratify a treaty, but
refusal to ratify must be based on substantial
grounds.
Reservations- to avoid total rejection of a treaty,
the ratification is qualified or made conditional. The
same must be accepted by the other party if these
would constitute a modification of the original
agreement.
Philippines: Power to ratify vested in the president; senate
only to give or withhold consent to the ratification.
President cannot ratify a treaty without concurrence of
2/3 of all members of the Senate.
4. CHANGE OF INSTRUMENTS OF RATIFICATION-
usually signifies the effectivity of the treaty unless
different date has been agreed upon by the parties.

BINDING EFFECT OF TREATIES
GEN. RULE: Treaty is binding only on contracting parties,
EXCEPTION:
1. ACCESSION- including not only the original
signatories but also other states, which although
they may not have participated in the negotiation
of the agreement, have been allowed by is terms to
sign it later.
2. treaty may be merely a formal expression of
customary international law which as such is
enforceable on all civilized states because of their
membership to the family of nations.
3. Most-favored –nation clause- a contracting state
entitled to the most-favored-nation treatment from
the other may claim the benefits extended by the
latter to another state in a separate agreement.
OBSERVANCE OF TREATIES
Pacta Sunt Servanda- performance in good faith of treaty
obligations.
Doctrine of Rebus sic stantibus- exception to pacta sunt
servanda. Constitutes an attempt to formulate a legal
principle which would justify non-performance of a treaty
obligation if the conditions with relation to which parties
contracted have changed so materially and so
unexpectedly as to create a situation in which the
exaction of performance would be unreasonable.
Limitations:
1. applies only to treaties of indefinite duration
2. the vital change must have been unforeseen or
unforeseeable
3. should not have been caused by the party invoking
the doctrine
4. doctrine must be invoked within a reasonable tine
5. cannot operate retroactively upon provisions of the
treaty already executed prior to the change of
circumstances
INTERPRETATION OF TREATY
- to give effect to the intention of the parties.
TERMINATION OF TREATIES
1. Expiration of the term, which may be fixed or
subject to a resolutory condition
2. Accomplishment of the purpose
3. Impossibility of performance
4. Loss of subject-matter
5. Desistance of the parties, through express mutual
consent, desuetude, or exercise of the right of
denunciation(withdrawal), when allowed.
6. By novation
7. By extinction of one of the parties if the treaty is
bipartite
8. By vital change of circumstances under the
doctrine of rebus sic stantibus
9. By outbreak of war between the parties
10.By voidance of the treaty because of the defects in
its conclusion, violation of its provisions by one of
the parties or incompatibility with international law
or UN Charter.

CHAPTER 15
NATIONALITY- membership in a political community with
all its concomitant rights and obligations.
ACQUISITION
1. acquired by birth
2. acquired by naturalization
JUS SOLI- Nationality of the state where he is born.
JUS SANGUINIS- Nationality of his parents
NATURALIZATION- process by which a foreigner acquires,
voluntarily or by operation of law, the nationality of
another state; may be DIRECT or DERIVATIVE.
a. DIRECT- effected by:
1. individual proceedings, usually judicial, under
general naturalization laws
2. by special act of the legislature
3. by collective change of nationality
4. in some cases by adoption of orphan minors as
nationals of the state where they are born.
b. DERIVATIVE
1. on the wife of the naturalized husband
2. on the minor children of the naturalized parent
3. on the alien woman upon marriage to a
national.
MULTIPLE NATIONALITY- more than one nationality. Ex.
Child born to Filipino parents (jus sanguinis) born in the
U.S. (jus soli)
Doctrine of Indelible Allegiance- an individual may be
compelled to retain his original nationality
notwithstanding that he has already renounced or
forfeited it under the laws of a second state whose
nationality he has acquired.
LOSS OF NATIONALITY- may be lost voluntarily or
involuntarilty
VOLUNTARY METHODS
1. RENUNCIATION (Express or Implied)
2. REQUEST FOR RELEASE (preceded by acquisition of
new nationality)
INVOLUNTARY METHODS
1. FORFEITURE (result of disqualification or prohibited
act like enlistment in foreign army or long
continued residence in a foreign state)
2. SUBSTITUTION
CONFLICT OF NATIONALITY
RULES under the Hague Convention on the Conflict of
Nationality Laws
1. State to determine under its law who are its
nationals. Law shall be recognized by other states.
2. Any question as to whether a person possesses the
nationality of a particular state shall be determined
in accordance with the law of the state.
3. Person having 2 or more nationalities may be
regarded as a national of each State.
 4. State may not afford diplomatic protection to one
of its nationals against a State whose nationality
such person also posseses
5. Within a 3rd state a person having more than one
nationality shall be treated as if he had only one.
Third state may recognize exclusively either
nationality of the person where he has principally
resided or where mostly connected.
6. Person possessing 2 nationalities acquired without
any voluntary act on his part may renounce one of
them with the authorization of the state he desires
to surrender.
STATELESNESS- condition or status of an individual who is
born without any nationality or who loses his nationality
without retaining or acquiring another.
- Any wrong suffered by him thru act or omission of a
state would be damnum absque injuria for in theory
there is no other state that has been offended and
no international delinquency committed.
- Does not mean that stateless person without
recourse. Under Covenant relating to Status of
Stateless Persons, he is entitled to:
a. right to religion
b. access to courts
c. education
d. public relief and assistance
e. treatment no less favorable than that accorded
to aliens.
f. Other rights granted under the Universal
Declaration of HR
CHAPTER 16
DOCTRINE OF STATE RESPONSIBILITY- A state may be
held responsible for:
a. an international delinquency
b. directly or indirectly imputable to it
c. which causes injury to the national of another state.
Liability will attach to the state where its treatment of the
alien falls below the international standard of justice or
where it is remiss in according the protection or redress
that is warranted by the circumstances
INTERNATIONAL STANDARD OF JUSTICE
- a standard of the reasonable state, referring to the
ordinary norms of official conduct observed in
civilized jurisdictions. It is not deemed satisfied if
a. the laws of a state are intrinsically unjust as
when there is a marked disproportion between
the degree of an offense and the penalty
imposed for it.
b. They authorize summary decision of contentious
cases without observance of notice and hearing
FAILURE OF PROTECTION OR REDRESS
- even if laws conform to the international standard
of justice, the state may still be held liable if it does
not make reasonable efforts to prevent injury to the
alien or having done so unsuccessfully, fails to
repair such injury.
Responsibility does not immediately attach to the state
upon showing of a failure to prevent or redress injury.
Gen. Rule: where the international delinquency was
committed by superior gov’t officials or organs, liability
will attach immediately.
Exc.: Where the offense is committed by inferior gov’t
officials or by private individuals, the state will be held
liable only if by reason of its indifference in preventing or
punishing it, it can be considered to have connived in
effect in its commission
EXHAUSTION OF LOCAL REMEDIES
- Enforcement cannot be claimed by injured
foreigner unless he first exhausts all available local
remedies for the protection or vindication of his
rights.
- State must be given opportunity to do justice in its
own regular way.
RESORT TO DIPLOMATIC PROTECTION
- If injured foreigner has exhausted all local remedies
without success, he may then avail himself of the
assistance of his state.
ENFORCEMENT OF CLAIM
- international claim may be resolved thru
negotiation or any other methods of settling
disputes.
- If responsibility of state is established, duty to
make reparation will arise
a. restitution
b. satisfaction
c. compensation
AVOIDANCE OF STATE RESPONSIBILITY
- applied more frequently to tortious rather than
contractual liability.
CALVO CLAUSE- Stipulation by which the alien waives or
restricts his right to appeal to his own state in connection
with any claim arising from the contract and agrees to
limit himself to the remedies available under the laws of
the local state.
EXCLUSION OF ALIENS
DEPORTATION- removal of an alien out of the country
because his presence is deemed inconsistent with the
public welfare and without any punishment being imposed
or contemplated either under the laws of the country or to
where he is being sent.
EXCLUSION- denial of entry to an alien.
EXTRADITION- surrender of a person by one state to
another state where he is wanted for prosecution or, if
already convicted, for punishment. Required only if there
is a treaty between the state of refuge and the state of
origin.
Basis: in pursuance of policy or as a gesture of comity.
FUNDAMENTAL PRINCIPLES OF EXTRADITION
1. Extradition is based on the consent of the state of
asylum as expressed in a treaty or manifested as
an act of goodwill.
2. Principle of Specialty- a fugitive who is extradited
may be tried only for the crime specified in the
request for extradition and included in the list of
offenses in the extradition treaty
3. Any person may be extradited, whether he be a
national of the requesting state, of the state of
refuge or of another state
4. Political and religious offenders are generally not
subject to extradition. To constitute a political
offense, there must be 2 or more parties in the
state each seeking to impose the government of
their own choice on the other.
ATTENTAT CLAUSE- murder of the head of state or
any member of his family is not to be regarded, as
a political offense for purposes of extradition

5. In the absence of special agreement, the offense
must have been committed within the territory or
against the interests of the demanding state
6. The act for which the extradition is sought must be
punishable in both the requesting and requested
states under what is known as the rule of DOUBLE
CRIMINALITY
PROCEDURE OF EXTRADITION
1. If surrender of fugitive is sought, request for his
extradition is presented through diplomatic
channels. Request accompanied by necessary
papers relative to the identity of the wanted person
and the crime alleged to have been committed
which he has already been convicted.
2. Upon receipt, state of refuge will conduct a judicial
investigation to ascertain if the crime is covered by
the extradition treaty and if there is prima faci case
against the fugitives accdg. To its own laws
3. If there is, warrant for surrender will be drawn
4. Fugitive delivered to the state of origin
CHAPTER 17
International Dispute- an actual disagreement between
states regarding the conduct to be taken by one of them
for the protection or vindication of the interest of the
other.
2 Kinds of Dispute
1. Legal- involves justiciable rights based on law or
fact susceptible of adjudication by a judicial or
arbitral tribunal
2. Political- if it cannot be decided by legal process on
the basis of substantive rules of international law
because of the differences of parties which spring
from animosities in their mutual attitudes.
METHODS OF SETTLING
ICJ- jurisdiction is dependent on the consent of the parties
SC- powers are markedly limited except in case on
international peace and security
GA- inhibited from discussing dispute at the time under
consideration by the SC
AMICABLE METHODS
1. Negotiation- discussion undertaken by the parties
themselves of their respective claims/counterclaims
with a view to their just and orderly adjustment
2. Inquiry- investigation of the points in question on
the theory that their elucidation will contribute to
the solution of the differences between the parties
3. Good offices- third party attempts to bring the
disputing parties together in order to enable them
to discuss the issues in contention and arrive at an
agreement
4. Mediation- third party actively participates in
discussions in order to reconcile their conflicting
claims
5. Conciliation- services of the third party is solicited
by the parties in dispute
6. Arbitration- solution of a dispute by an impartial
third party
7. Compromise- essentially judicial and the award is,
by previous agreement binding on the parties to
the dispute
8. Judicial settlement- tribunal is a pre-existing and
permanent body, jurisdiction is compulsory, law
applied is independent of the will of the parties,
issues submitted are legal.
9. Resort to regional and international organizations

HOSTILE METHODS
RETORSION- any action taken in retaliation where the acts
complained of do not constitute a legal ground of offense
but are rather in the nature of unfriendly acts but
indirectly hurtful to other states. The act of retaliation is
also unfriendly but not illegal and may be in kind or of a
different nature than the act that provoked it.
Ex. Severance of diplomatic relations
REPRISALS- an act of self-help on the part of the injured
state, responding after an unsatisfied demand to an act
contrary to international law on the part of the offending
state. They have the effect of momentarily suspending
relations of the 2 states. Illegal if a previous act contrary
to international law had not furnished the reason for
them.
UNITED NATIONS
SC shall have jurisdiction to intervene in:
a. all disputes affecting international peace and
security
b. all disputes which, although coming under the
domestic jurisdiction clause have been submitted
to it by the parties for settlement. Disputes may be
brought by?
1. SC
2. GA
3. Any member of the UN
4. Any party to the dispute, provided in case of
non-members of the UN, they should accept in
advance obligations of pacific settlement under
the charter
- UN Charter provides that SC shall call on the parties
in the first instance to settle the dispute by
peaceful means.
- If unable to adjust their differences by themselves
thru peaceful methods, SC may recommend proper
methods of adjustment taking into consideration
a. amicable measures already adopted
b. legal disputes should be referred to the ICJ
- If above measures still unavailing, SC may
recommend such actual term of settlement as it
may consider appropriate.
- If terms of the settlement are rejected by any of
the parties. SC is empowered to take more drastic
steps:
a. preventive action- partial interruption of
economic relations and of rail, sea, air, postal
etc… severance of diplomatic relations
b. enforcement action- action taken thru air, sea,
land forces necessary to maintain or restore
international peace and security (ex. Blockade)
Military Staff Committee- consists of chiefs of staff of the
permanent members of the SC or their representatives
supposed to give advise and assist the SC on all questions
relating to its military requirements for the maintenance
of the international peace and security, employment and
command of forces placed at its disposal, regulation of
armaments, and possible disarmament. Also responsible
for strategic direction of any armed forces at its disposal
of the Council.
Uniting for Peace Resolution- If SC fails to exercise its
primary responsibility for lack of unanimity, in any case
where there appears to be threat to the peace etc… the
GA shall consider the matter immediately with a view to
making recommendations to the members for collective
measures.
- if GA not in session may meet in emergency special
session within 24 hours of the request therefore
either by any 9 members of the SC or by a majority
of the UN.
CHAPTER 18
2 VIEWS:
1. WAR as SPECIFIC ACTION- armed contention
between the public forces of states or other
belligerent communities, implying the employment
of violence among the parties as a means of
enforcing their respective demands upon each
other
2. As SPECIFIC STATUS- may exist even without the
use of force.
LAWS OF WAR
Enforced thru:
a. protest lodged by one belligerent, usually
accompanied or followed by an appeal to world
opinion against the unlawful acts of warfare
committed by the other belligerent;
b. reparation for damages caused by the defeated
belligerent
c. punishment of war criminals
Commencement- starts with a declaration of war, with
rejection of an ultimatum or with the commission of an
act of force regarded by at least one of the belligerents as
an at of war.
EFFECTS OF OUTBREAK OF WAR
1. laws of peace cease to regulate relations of
belligerents and are superseded by the laws of war
2. Diplomatic and consular relations between
belligerents are terminated
3. Treaties of political nature are automatically
cancelled except those which are intended to
operate during war.
4. Individuals are impressed with enemy character:
a. under the nationality test- nationals of other
belligerent state
b. domiciliary test- domiciled aliens in the territory,
assumption that they contribute to its economic
resources
c. activities test- participation in hostilities in favor
of other belligerent
5. Enemy public property found in territory of other
belligerent at the outbreak of hostilities is, with
certain exceptions, subject to confiscation.
COMBATANTS AND NON-COMBATANTS
Following are regarded as combatants
1. members of the armed forces except those not
actively engaged in hostilities
2. irregular forces such as guerrillas provided that
a. they are commanded by a person responsible
for his subordinates
b. they wear a fixed distinctive sign recognizable
at a distance
c. they carry arms openly
d. they conduct their operations in accordance
with the laws and customs of war
3. inhabitants of unoccupied territory who, on
approach of the enemy, spontaneously take arms
to resist the invading troops without having had
time to organize. Levee en masse
 4. officers of the crew of a merchant vessel who
forcibly resist attack
CONDUCT OF HOSTILITIES
Basic principles of Warfare
1. Principle of Military Necessity- belligerents may,
subject to the other two principles, employ an
amount and kind of force to compel the complete
submission of the enemy with least possible loss of
live, time and money
2. Principle of Humanity- prohibits the use of any
measure that is not absolutely necessary for the
purposes of the war (ex. Poisoning of wells and
weapons, destruction of works of art and property
devoted to religious or humanitarian purposes
etc…)
3. Principle of Chivalry- basis of such rules that
require the belligerents to give proper warning
before launching bombardment or prohibit the use
of perfidy in the conduct of the hostilities
KINDS OF WARFARE
1. LAND
2. AIR
3. SEA
BELLIGERENT OCCUPATION
1. does not result in transfer or suspension of the
sovereignty of the legitimate government
2. it is required to restore and ensure public order and
safety while respecting, unless absolutely
prevented, the laws in force in the country
3. may promulgate new laws, non-political as well as
political provided they do not contravene with
principles of international law
4. political laws automatically abrogated upon the end
of the occupation but non-political laws may
continue even beyond the occupation unless
expressly repealed or modified
5. permitted to exact from the populace contributions
over and above the regular taxes for the needs of
the army in occupation or for the administration of
the territory
6. permitted t introduce military currency
7. private property cannot be confiscated except tjose
susceptible of military use.
8. Army in occupation can only take possession of
cash, funds and realizable securities which are
strictly the property of the state
9. Regarded only as administrator and usufructuary of
public buildings, real estates, forests, agricultural
estates.
POSTLIMINIUM- that in which persons or things taken by
the enemy are restored to the former state on coming
actually into the power of the nation to which they belong.
Also imports the reinstatement of the authority of the
displaced gov’t once control of the enemy is lost over
territory affected.
NON-HOSTILE INTERCOURSE
1. Flag Truce- white flag carried by an individual
authorized by one belligerent state to enter into
communications with the other.
2. Cartels- agreements to regulate intercourse during
war such as postal, communication, reception of
flag truce etc..

3. Passport- written permission of belligerent
government or its authorized agent to the subjects
of the enemy state to travel generally in belligerent
territory
4. Safe-conduct- pass given to an enemy subject or to
an enemy vessel allowing passage between defined
points
5. Safeguard- protection granted by a commanding
officer either to enemy persons or property within
his command
6. License to trade- permission given by competent
authority to individuals to carry on trade even
though there is a state of war
SUSPENSION OF HOSTILITIES
1. Suspension of Arms- temporary cessation of the
hostilities by agreement of the local commanders
for such purposes as the gathering of the wounded
and the burial of the dead
3. Ceasfire- unconditional stoppage of hostilities by an
order of an international body
4. Truce- ceasefire with conditions attached
5. Capitulation- surrender of military forces, places or
districts in accordance with the rules of military
honor.
TERMINATION OF WAR
1. may be terminated by simple cessation of
hostilities, by the conclusion of a negotiated treaty
of peace,
2. or by defeat of one of the belligerents followed by a
dictated treaty of peace or annexation of the
conquered country
3. terminated by defeat of one of the belligerents,
which surrenders either conditionally or
unconditionally.

2. Armistice- suspension of all hostilities within a

certain area or in the entire region of the war
agreed upon by the belligerent govts usually for
purposes of arranging terms of the peace
ARMISTICE SUSPENSION OF ARMS
Purpose is political Purpose is military
Concluded by the Agreed upon by local
commanders-in-chief commanders
In writing May be oral