II.

Subjects of International Law

 Subject: An entity that has rights & responsibilities under int’l law
 Object: A person or thing in respect of w/c rights are held & obligations assumed by the
subject
STATES: Underlined are the elements.
Group of people living together in a fixed territory, organized for political ends under an
independent government, & capable of entering into int’l relations w/ other states
(sovereignty).

Other suggested elements of a state:

 Civilization
 Recognition- wherein state acknowledges the existence of another state, gov’t, or
belligerent community & indicates its willingness to deal w/ the entity as such under int’l
law.
A. Constitutive (majority view)
-Recognition is the act w/c constitutes the entity into an int’l person.
-Recognition is compulsory & legal; may be compelled once the elements of a state are
established
B. Declarative (majority view)
-Recognition merely affirms an existing fact, like the possession by the state of essential
elements.
-It’s discretionary & political
REQUIREMENTS FOR RECOGNITION OF GOV’T
 Gov’t is stable & effective,
 w/no substantial resistance to its authority
 Gov’t must show willingness & ability to discharge int’l oblig.
 Gov’t must enjoy popular consent or approval of the people
KINDS OF RECOGNITION
 De facto
-Extended by the recognizing state w/c believes that some of requirements for recognition are
absent.
-Recognition is generally provisional and limited to certain juridical relations
-Does not bring about full diplomatic intercourse & does not give title to assets of the state
held/ situated abroad
 De Jure
-Extended to gov’t fulfilling requirements for recognition
-when there’s no specific indication, recognition is generally considered de jure
 -relatively permanent
-brings about full diplomatic intercourse & observance of diplomatic immunities, &
-confers title to assets abroad

*EFFECTS OF RECOGNITION
-diplomatic relations
-right to sue in courts of recognizing state
-immunity from jurisdiction
-entitlement to property w/in the recognizing state

CREATION OF STATES
1. Revolution
2. Unification
3. Secession
4. Assertion of independence
5. Agreement
6. Attainment of civilization

PRINCIPLE OF STATE CONTINUITY

State continues as a juristic being notwithstanding changes in its circumstances, provided
only that such changes do not result in loss of any of its essential elements.
CLASSES OF STATES
A. INDEPENDENT

Has freedom to direct & ctrl foreign relations w/o restraint from other states. May be:

Single Composite
Single central gov’t, w/power over internal 2/ more sovereign states joined together to
& external affairs constitute 1 international person, w/c may be:
Real union Federal union
2/more states sre Combination of
merged under a 2/more states w/c
unified authority so uponmerger, cease to
that they form a be states, resulting in
single international the creation of a new
person through w/c state w/full int’l
they act as 1 entity. personality to
The sy=tates retain represent them in
their separate their external
 identities, but their relations as well as a
respective certain degree of
international power over their
personalities are domestic affairs &
extinguished & their inhabitants.
blended in the new Authority over
int’l person, international affairs:
e.g., the former divided between
United Arab federal authorities &
Republic, w/Egypt & the member-states;
Syria. Authority over
external affairs:
handled solely by
federal authorities

B. DEPENDENT

An entity w/c although theoretically a state, does not have full freedom in the direction of
its external affairs, such as a protectorate (w/c is established at request of weaker state for the
protection by a strong power) or a suzerainty(result of a concession from a state to a former
colony that’s allowed to be independent subject to the retention by the former sovereign of
certain powers over the external affairs of the latter. E.g., Bulgaria & Rumania, both suzerainties
of the Sultan of Turkey by virtue of Treaty of Verlin)

The United Nations and Its UN Charter

The United is an international organization founded in 1945. Currently made up of

193 Member States, the UN and its work are guided by the purposes and principles contained in
its founding Charter.

The UN’s Membership has grown from the original 51 Member States in 1945 to the current 193
Member States. All UN Member States are members of the General Assembly.  States are
admitted to membership by a decision of the General Assembly upon the recommendation of
the Security Council.1

The work of the United Nations covers five main areas: to maintain international peace and
security, to protect human rights, to deliver humanitarian aid, to support sustainable development
and climate action, and to uphold international law.2

UN Charter: the founding charter

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The UN Charter is the constitutive instrument of the United Nations, signed on 26 June 1945. It
sets out the rights and obligations of Member States and establishes the principal organs and
procedures of the United Nations.3 It is a lengthy document consisting of 111 articles besides the
Preamble and the concluding provisions. It also includes the Statute of the International Court of
Justice (ICJ) which is annexed to it and made an integral part of it.

It may be considered a treaty as it derives binding force from the agreement of the parties to it;
may be considered a constitution as it provides for the organization and operations of the
different organs and adoption of any change through a formal process of amendment. It is
intended to apply not only to members but also to non-member states “so far as may be
necessary for the maintenance of international peace and security”

Amendments to UN Charter

Amendments will be in force by a vote of 2/3 of the members of the General Assembly and
ratified in accordance with their respective constitutional processes by 2/3 of the members of the
UN, including all the permanent members of the Security Council.

General conference may be called by majority vote of the General Assembly and any 9 members
of the Security Council for the purpose of reviewing the Charter. Amendments may be proposed
by 2/3 vote of the conference and shall take effect when ratified by 2/3 of the Members of the
UN, including the permanent members of the Security Council.

Preamble4
WE THE PEOPLES OF THE UNITED NATIONS DETERMINED
to save succeeding generations from the scourge of war, which twice in our lifetime has
brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the
dignity and worth of the human person, in the equal rights of men and women and of nations
large and small, and to establish conditions under which justice and respect for the obligations
arising from treaties and other sources of international law can be maintained, and to promote
social progress and better standards of life in larger freedom,

AND FOR THESE ENDS

to practice tolerance and live together in peace with one another as good neighbours, and to
unite our strength to maintain international peace and security, and to ensure, by the
acceptance of principles and the institution of methods, that armed force shall not be used,
save in the common interest, and to employ international machinery for the promotion of the
economic and social advancement of all peoples,

HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE

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 AIMS.
Accordingly, our respective Governments, through representatives assembled in the city of
San Francisco, who have exhibited their full powers found to be in good and due form, have
agreed to the present Charter of the United Nations and do hereby establish an international
organization to be known as the United Nations.

Purposed of the United Nations5

Article 1, Chapter I of the UN Charter states the following:

The Purposes of the United Nations are:

1. To maintain international peace and security, and to that end: to take effective
collective measures for the prevention and removal of threats to the peace, and for the
suppression of acts of aggression or other breaches of the peace, and to bring about by
peaceful means, and in conformity with the principles of justice and international law,
adjustment or settlement of international disputes or situations which might lead to a
breach of the peace;
2. To develop friendly relations among nations based on respect for the principle of equal
rights and self-determination of peoples, and to take other appropriate measures to
strengthen universal peace;
3. To achieve international co-operation in solving international problems of an
economic, social, cultural, or humanitarian character, and in promoting and
encouraging respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language, or religion; and
4. To be a centre for harmonizing the actions of nations in the attainment of these
common ends.

The principal objectives of the UN are the prevention of war, the maintenance of international
peace and security, the development of friendly relations among the members of the international
community, the attainment of international cooperation, and harmony in the actions of nations.

Principles of the United Nations

Article 2, Chapter 1 of the charter lays down and deals with the methods and regulation of
norms.

The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in
accordance with the following Principles.
1. The 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

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 membership, shall fulfill in good faith the obligations assumed by them in
accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful means in such a
manner that international peace and security, and justice, are not endangered.
4. All Members shall refrain in their international relations from the threat or use of
force against the territorial integrity or political independence of any state, or in any
other manner inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations 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 United Nations is taking preventive or enforcement action.
6. The Organization shall ensure that states which are not Members of the United
Nations act in accordance with these Principles so far as may be necessary for the
maintenance of international peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations 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; but this principle shall not prejudice the application of enforcement
measures under Chapter VII.
Membership to the United Nations

The original Members of the United Nations shall be the states which, having participated in the
United Nations Conference on International Organization at San Francisco, or having previously
signed the Declaration by United Nations of 1 January 1942, sign the present Charter and ratify it
in accordance with Article 110.6

The table below shows the list of the founding members of the UN, the first five being the
permanent members. Since 1945, some of the Founding Members have changed their names,
others have been dissolved and new states have succeeded them.7

Original Member Deposit of Current

Date of Signing
State Ratification Name/Successor States
People's Republic of
Republic of China 26 June 1945 28 Sept. 1945
China
France 26 June 1945 31 Aug. 1945
Union of Soviet
26 June 1945 24 Oct. 1945 Russian Federation
Socialist Republics
United Kingdom of
Great Britain and 26 June 1945 20 Oct. 1945
Northern Ireland
United States of
26 June 1945 8 Aug. 1945
America
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Art. 3, Chapter II, UN Charter
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Argentina 26 June 1945 24 Sept. 1945
Brazil 26 June 1945 21 Sept. 1945
Byelorussian Soviet
26 June 1945 24 Oct. 1945 Belarus
Socialist Republic
Chile 26 June 1945 11 Oct. 1945
Cuba 26 June 1945 15 Oct. 1945
Czechoslovakia 26 June 1945 19 Oct. 1945 Czechia and Slovakia
Denmark 26 June 1945 9 Oct. 1945
Dominican Republic 26 June 1945 4 Sept. 1945
Egypt 26 June 1945 22 Oct. 1945
El Salvador 26 June 1945 26 Sept. 1945
Haiti 26 June 1945 27 Sept. 1945
Iran 26 June 1945 16 Oct. 1945
Lebanon 26 June 1945 15 Oct. 1945
Luxembourg 26 June 1945 17 Oct. 1945
New Zealand 26 June 1945 19 Sept. 1945
Nicaragua 26 June 1945 6 Sept. 1945
Paraguay 26 June 1945 12 Oct. 1945
Philippine
26 June 1945 11 Oct. 1945 Philippines
Commonwealth
Poland
*was not able to join 15 Oct. 1945 24 Oct. 1945
the drafting
Saudi Arabia 26 June 1945 18 Oct. 1945
Syrian Arab Republic 26 June 1945 19 Oct. 1945
Turkey 26 June 1945 28 Sept. 1945
Ukrainian Soviet
26 June 1945 24 Oct. 1945 Ukraine
Socialist Republic
Bosnia and
Herzegovina, Croatia,
Yugoslavia 26 June 1945 19 Oct. 1945 Montenegro, North
Macedonia, Serbia and
Slovenia
 Australia 26 June 1945 1 Nov. 1945
Belgium 26 June 1945 27 Dec. 1945
Bolivia 26 June 1945 14 Nov. 1945
Canada 26 June 1945 9 Nov. 1945
Colombia 26 June 1945 5 Nov. 1945
Costa Rica 26 June 1945 2 Nov. 1945
Ecuador 26 June 1945 21 Dec. 1945
Ethiopia 26 June 1945 13 Nov. 1945
Greece 26 June 1945 25 Oct. 1945
Guatemala 26 June 1945 21 Nov. 1945
Honduras 26 June 1945 17 Nov. 1945
India 26 June 1945 30 Oct. 1945
Iraq 26 June 1945 21 Dec. 1945
Liberia 26 June 1945 2 Nov. 1945
Mexico 26 June 1945 7 Nov. 1945
Netherlands 26 June 1945 10 Dec. 1945
Norway 26 June 1945 27 Nov. 1945
Panama 26 June 1945 13 Nov. 1945
Peru 26 June 1945 31 Oct. 1945
Union of South Africa 26 June 1945 7 Nov. 1945 South Africa
Uruguay 26 June 1945 18 Dec. 1945
Venezuela 26 June 1945 15 Nov. 1945
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Membership in the United Nations is open to all other peace-loving states which accept
the obligations contained in the present Charter and, in the judgment of the Organization, are
able and willing to carry out these obligations. The admission of any such state to membership in
the United Nations will be effected by a decision of the General Assembly upon the
recommendation of the Security Council.8

A Member of the United Nations against which preventive or enforcement action has
been taken by the Security Council may be suspended from the exercise of the rights and

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Art.4, Ch. II, UN Charter
privileges of membership by the General Assembly upon the recommendation of the Security
Council. The exercise of these rights and privileges may be restored by the Security Council.9

A Member of the United Nations which has persistently violated the Principles contained in the
present Charter may be expelled from the Organization by the General Assembly upon the
recommendation of the Security Council.10

The table below summarizes the rules on admission, suspension, expulsion, and
withdrawal of members.

Admission Pertains to elective membership – admitted by decision of the General

Assembly upon the favorable recommendation of the Security Council

Requisites for admission:

1. It must be a state
 In favor of admission even “mini-states”
2. It must be peace loving
 Subjective standard that can lead to political rather than legal
decision
3. It must accept the obligations of the Charter
 Only requires formal declaration from applicant
4. It must be able to carry out these obligations
 Not strictly enforced
5. It must be willing to carry out these obligations
 Subjective standard
Suspension Effected by 2/3 votes of those present and voting in the General Assembly
upon the favorable recommendation of at least 9 members of the Security
Council, including all its permanent members.

May be lifted alone by the Security Council, also by a qualified majority vote.

Prevent member from participating in the meetings or from being elected to or

continuing to serve in councils

Nationals of suspended members may continue serving the Secretariat and ICJ
as they are regarded as international officials or civil servants acting for the
organization itself.

Suspension affects only rights and privileges; member still subject to

discharge obligations
Expulsion Effected by 2/3 votes of those present and voting in the General Assembly
upon the recommendation of the Security Council by a qualified majority
vote.

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Art.5, Ch. II, UN Charter
10
Art.6, Ch. II, UN Charter
 Aim is to provide stronger penalty.
Withdrawal San Francisco Conference approved a special committee report where a
member might withdraw from UN if:
1. The organization was revealed to be unable to maintain peace or could
do so only at the expense of law and justice
2. The member’s right and obligations as such were changed by a Charter
amendment in which it had not concurred or which it finds itself
unable to accept
3. An amendment duly accepted by the necessary majority either in the
General Assembly or in a general conference is not ratified

Organs of the United Nations

The United Nations has six main organs. Five of them — the General Assembly, the
Security Council, the Economic and Social Council, the Trusteeship Council and the
Secretariat — are based at UN Headquarters in New York. The sixth, the International
Court of Justice, is located at The Hague in the Netherlands.

The six organs of the United Nations are outlined in the sections below:

General Assembly11

The General Assembly is the main deliberative organ of the United Nations. It is composed of
representatives from all Member States, each of which has one vote. 

All UN Member States are represented in the General Assembly. Each Member State has one
vote. Decisions on such key issues as international peace and security, admitting new members
and the UN budget are decided by a two-thirds majority. Other matters are decided by simple
majority. Many decisions are reached by consensus without a formal vote.

Under the UN Charter, the functions and powers of the General Assembly (GA) include:
 To discuss any question relating to international peace and security (except when
a dispute or situation is being discussed by the Security Council);
 To make recommendations for the peaceful settlement of any situation which
might harm the friendly relations among nations;
 To discuss and make recommendations on the powers and functions of any organ
of the United Nations;
 To request studies and make recommendations to promote international
cooperation, the development of international law, the protection of human rights,
and international collaboration on economic, social, cultural, educational and
health issues;
 To receive and discuss reports from the Security Council and other UN organs;
 To discuss and approve the UN budget;
 To elect non-permanent members of the Security Council, the members of the
Economic and Social Council (ECOSOC) and additional members of the
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 Trusteeship Council (when necessary); to elect the judges of the International
Court of Justice (jointly with the Security Council); and on the recommendation
of the Security Council, to appoint the Secretary-General.
Although the General Assembly’s recommendations on global issues are an important expression
of world opinion, the Assembly cannot force a Member State to follow its recommendations on a
particular issue.
The Assembly holds its annual regular session from September to December. When necessary, a
special session on subjects of particular concern may be called at the request of the Security
Council, of a majority of the Member States, or of one member if the majority of the Member
States agree. In addition, an emergency session can be called within 24 hours in the same
manner.

At the beginning of each regular session the General Assembly holds a General Debate when
many Heads of State come to express their views on the most pressing international issues.
Following the General Debate, most issues are discussed in one the Assembly’s six main
committees:
 First Committee (Disarmament and International Security);
 Second Committee (Economic and Financial);
 Third Committee (Social, Humanitarian and Cultural);
 Fourth Committee (Special Political and Decolonization);
 Fifth Committee (Administrative and Budgetary);
 Sixth Committee (Legal).
Establishing and adopting the agenda is the first order of business in each GA session. Most of
the more than 160 items on the agenda are considered on a regular basis, and only a few new
items are added or deleted each year.
In establishing the GA agenda, the UN Secretariat first compiles a series of preparatory
documents leading up to the draft agenda. Then, the General Committee discusses the draft
agenda and submits its recommendations to the GA, which adopts the agenda.
Resolutions and decisions, including those recommended by the six main committees, are
adopted in plenary meetings, usually before the end of the regular session in December. The
Assembly adopts its resolutions and decisions by a majority of members present and voting.
Important matters, including recommendations on international peace and security, the election
of members to other UN organs and budgets are decided by a two-thirds majority.

The day-to-day work of the United Nations during the year is determined by the resolutions and
decisions made during the Assembly’s regular session. This work is carried out by:
 Various committees and other bodies established by the Assembly to study and report on
specific issues, such as disarmament, peacekeeping, development and human rights;
 International conferences called for by the Assembly;
 The UN Secretariat that includes the Secretary-General and his staff of international civil
servants.
Security Council12

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Under the Charter, the Security Council has primary responsibility for the maintenance of
international peace and security. It has 15 Members, and each Member has one vote. Under the
Charter, all Member States are obligated to comply with Council decisions.

The UN Charter gives the Security Council primary responsibility for maintaining international

peace and security. The Council may convene at any time, whenever peace is threatened. In
contrast to the decisions made by the General Assembly, all Member States are obligated under
the UN Charter to carry out the Security Council’s decisions.

There are 15 Council members. Five of these — China, France, the Russian Federation, the
United Kingdom and the United States — are permanent members. The other 10 are elected by
the General Assembly for two-year terms. Member States continue to discuss changes in Council
membership and working methods to reflect today’s political and economic realities. Decisions
of the Council require nine yes votes. Except in votes on procedural questions, a decision cannot
be made if there is a no vote, or veto, by a permanent member.

When the Council considers a threat to international peace, it first explores ways to settle the
dispute peacefully. It may suggest principles to the parties for a peaceful settlement, appoint
special representatives, ask the Secretary-General to use his good offices, or undertake
investigation and mediation. It has developed and refined the use of non-military measures
including arms embargoes, travel banks, and restrictions to guard against the exploitation of
natural resources to fuel conflicts, as well as taking a lead role in the coordination of
international counter-terrorism efforts. In the event that a dispute has erupted into armed conflict,
the Council tries to secure a ceasefire. It may send a peacekeeping mission to help the parties
maintain the truce and to keep opposing forces apart.

The Council may, in some cases, authorize the utilization of military force by a coalition of
member states or by a regional organization or arrangement. This can only be carried out as a last
resort when all possible peaceful means of settling a dispute have been exhausted, or after a
threat to the peace, a breach of the peace or an act of aggression have been determined to exist.

In order to hold combatants accountable for their actions, the Council has also created
international tribunals to prosecute those accused of grave human rights violations and serious
breaches of international humanitarian law, including genocide.

In addition to its responsibility to maintain international peace and security, the Council also
makes recommendations to the General Assembly to appoint a new Secretary-General and to
admit new Members to the UN.

Economic and Social Council13

A founding UN Charter body established in 1946, the Economic and Social Council
(ECOSOC) is the place where the world’s economic, social and environmental challenges are
discussed and debated, and policy recommendations issued.

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The Economic and Social Council (ECOSOC), under the overall authority of the General
Assembly, coordinates the economic and social work of the United Nations and the UN family of
organizations. As the central forum for discussing international economic and social issues and
for formulating policy recommendations, the Council plays a key role in fostering international
cooperation for development. It also consults with non-governmental organizations (NGOs),
thereby maintaining a vital link between the United Nations and civil society. The Council has
54 members, elected by the General Assembly for three-year terms. It meets throughout the year
and holds a major session in July, during which a high-level meeting of Ministers discusses
major economic, social and humanitarian issues.

The work of ECOSOC involves so many issues it has many commissions to help it. Some are
known as functional commissions. They meet regularly and report back to it on such issues as
human rights, social development, the status of women, crime prevention, narcotic drugs, and
science and technology.

While the Security Council’s primary responsibility is maintaining peace, ECOSOC focuses on
promoting social progress and better standards of living. Achieving international security and
social progress go hand in hand.  You can’t have one without the other. Poverty and the denial of
human rights greatly increase the risk of instability and violence. Similarly, war sets back
development.

Trusteeship Council14

The Trusteeship Council was established to provide international supervision for 11 Trust
Territories and to make sure that adequate steps were taken to prepare the Territories for self-
government or independence.

The 11 trust territories include:

Togoland (under British administration United with the Gold Coast (Colony and
Protectorate), a Non-Self-Governing Territory
administered by the United Kingdom, in 1957
to form Ghana
Somaliland (under Italian administration) United with British Somaliland Protectorate
in 1960 to form Somalia
Togoland (under French administration) Became independent as Togo in 1960

Cameroons (under French administration) Became independent as Cameroon in 1960

Cameroons (under British administration) Northern territory joined Nigeria and

Southern territory joined Cameroon (1961)
Tanganyika (under British administration) Became independent in 1961 (in
1964,Tanganyika and the former protectorate
of Zanzibar, which had become independent
in 1963, united as a single State under the
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 name of the United Republic of Tanzania)
Ruanda-Urundi (under Belgian Voted to divide into the two sovereign States
administration) of Rwanda and Burundi in 1962

Western Samoa (under New Zealand Became independent as Samoa in 1962

administration)

Nauru (administered by Australia on behalf of Became independent in 1968

Australia, New Zealand and the United
Kingdom)

New Guinea (administered by Australia) United with the Non-Self-Governing

Territory of Papua, also administered by
Australia, to become the independent State of
Papua New Guinea in 1975
Trust Territory of the Pacific Islands Including Federated States of Micronesia,
Republic of the Marshall Islands,
Commonwealth of the Northern Mariana
Islands, and Palau

International Court of Justice15

The International Court of Justice is the principal judicial organ of the United Nations. The Court
is charged with settling legal disputes between States and giving advisory opinions to the United
Nations and its specialized agencies.

The International Court of Justice, also known as the World Court, is the main judicial organ of
the UN. It was established in June 1945 by the Charter of the United Nations and began work in
April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six
principal organs of the United Nations, it is the only one not located in New York (United States
of America).

The Court’s role is to settle, in accordance with international law, legal disputes submitted to it
by States and to give advisory opinions on legal questions referred to it by authorized United
Nations organs and specialized agencies. The Court decides disputes between countries, based on
the voluntary participation of the States concerned. If a State agrees to participate in a
proceeding, it is obligated to comply with the Court’s decision.

The International Court of Justice is composed of 15 judges elected to nine-year terms of office
by the United Nations General Assembly and the Security Council. The Court may not include
more than one national of the same State.  Moreover, the Court as a whole must represent the
main forms of civilization and the principal legal systems of the world. These organs vote
simultaneously but separately.  In order to be elected, a candidate must receive an absolute
majority of the votes in both bodies.  This sometimes makes it necessary for a number of rounds
of voting to be carried out. In order to ensure a measure of continuity, one third of the Court is
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elected every three years.  Judges are eligible for re-election.  Should a judge die or resign during
his or her term of office, a special election is held as soon as possible to choose a judge to fill the
unexpired part of the term.

The Court is composed of 15 members elected by absolute majority vote in the General
Assembly and the Security Council. No two judges may be nationals of the same state. If more
than one national of the same state obtain required majorities, only the eldest shall be considered
elected. Members have a term of 9 years and may be re-elected, staggered to provide election of
1/3 of the membership at 3-year interval. No judge can be removed unless, in the unanimous
opinion of the
other members, he has ceased to fulfill the required conditions. The judges may meet either en
banc, or in chambers composed of 3 or more judges, to deal with particular categories of cases.
All questions are decided by majority of the judges present, quorum being 9 when the full Court
is sitting.

UN Secretariat16

The UN Secretariat, consisting of staff representing all nationalities working in duty stations all
over the world, carries out the day to day work of the Organization. The Secretariat services the
other principal organs of the United Nations and administers the programmes and policies
established by them.

The Secretariat carries out the substantive and administrative work of the United Nations as
directed by the General Assembly, the Security Council and the other organs. At its head is the
Secretary-General, who provides overall administrative guidance. The main functions of the
Secretariat are:
 To gather and prepare background information on various issues so that government
delegates can study the facts and make recommendations;
 To help carry out the decisions made by the different organs of the United Nations;
 To organize international conferences;
 To translate speeches and distribute documents into the UN’s official languages;
 To keep the public informed about the work of the United Nations.
The Secretary-General is appointed by the General Assembly on the recommendation of the
Security Council for a period of five years. Equal parts diplomat and advocate, civil servant and
CEO, the Secretary-General is a symbol of United Nations ideals and a spokesman for the
interests of the world's peoples, in particular the poor and vulnerable among them.

Subsidiary Organs

Subsidiary organs are those created by or in accordance with the Charter such as the Military
Staff Committee, the International Law Commission, and the Commission on Human Rights.

Specialized agencies are not part of UN but brought in close contact due to their purposes and
functions such as the World Health Organization, the International Monetary Fund, and the
Technical Assistance Board.
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Belligerent Communities

Belligerency exists when inhabitants of a state rise up in arms for the purpose of overthrowing
the legitimate government.

Belligerent communities are liberation movements, or insurgent communities, which have

attained a belligerent status under international law, particularly international humanitarian law,
may validly enter into legal relations with States and conclude valid internationally recognized
agreements.

The difference between belligerency and insurgency are the following:

Belligerency Insurgency
Serious and widespread Initial state of belligerency
Under a civil government Directed by military authorities
There are settled rules regarding recognition Usually not recognized
of belligerency

The following are the conditions to extend recognition to belligerent communities:

1. There must be an organized civil government directing the rebel forces

2. The rebels must occupy a substantial portion of the territory of the state
3. The conflict between the legitimate government and the rebels must be serious, making
the outcome uncertain
4. The rebels must be willing and able to observe the laws of war

The following are the consequences of recognition of belligerency:

1. Upon recognition by the parent state, the belligerent community is considered a separate
state for purposes of the conflict it is waging against the legitimate government
2. Relations between parent and belligerent during the hostilities shall be governed by the
laws of war and relations with other states shall be subject to the laws of neutrality
3. Both belligerents may exercise the right of visit and search upon neutral merchant vessels
4. The rebel government, equally with the legitimate, shall be entitled to full war status as
regards all other states and may establish blockades, maintain prize courts and take other
allowable war measures. It is only when the recognition is made by the parents state that
the effects thereof become general and legally applicable to other states.

For purposes of the conflict that has widened and aggravated and pending determination of
whether or not the belligerent community should be fully recognized as a state, it is treated as an
international person and becomes directly subject to the laws of war and neutrality.

As such “inchoative state,” it is vested with full rights of visitation, search and seizure of
contraband articles on the high seas, blockade and the like, and is held directly responsible for its
unlawful acts.
 International Administrative Bodies

Certain administrative bodies created by agreement among states may be vested with
international personality when these two conditions concur:

1. That their purpose is mainly non-political

2. They are autonomous

Individuals

Although traditionally, individuals have been considered merely as objects, not subjects, of
international law, there has been a growing tendency to admit that; individuals may have some
degree of international personality, albeit limited. This can be seen especially in the field of
international human rights and with regard to cases ' of trade and investment disputes. Likewise,
individuals have also been granted a certain degree of international personality under a number
of international agreements such as in the UN Charter and the Universal Declaration of Human
Rights.

III. Fundamental Rights of State

A. Existence & Self- preservation - the most basic and important right.
Article 51 of the UN Charter recognizes the right of the State to individual and collective self-
defense (through regional arrangements)
 the right may be resorted to only upon a clear showing of grave and actual
danger, and must be limited by necessity.
 Security Council which determines whether or not an "armed attack" has taken
place.
a. Self-Defense.
-1830 Caroline Affair led to the criteria for valid self-defense. -
 how sudden and overwhelming the conduct being defended against was,
 reasonableness and proportionality of the mean used for self-defense.
-Chapter II of the 2001 drafts Articles of State Responsibility.
1. Proportionality. The force used in self-defense must be proportional to the
seriousness of the attack and danger being defended against.
2. Anticipatory Self-Defense - still unclear today whether anticipatory self-defense is a valid
tool under international law.
3. Collective Self-Defense - can only be invoked if there is an armed attack. the attacked State
must request for help from other States before those States can intervene for the purpose of
collective self-defense.

 Aggression- The use of armed force by a State against the sovereignty, territorial integrity
or political independence of another State, or in other any manner inconsistent with the
 UN Charter. The first use of armed force by a State in contravention of the UN Charter is
prima facie evidence of an act of aggression

Principles involved
 no consideration of whatever nature, political, economic or military,
can justify aggression;
 a war of aggression is a crime against international peace which will
give rise to international responsibility;
 no territorial acquisition or special advantage resulting from aggression
shall be recognized as lawful. But all these are without prejudice to the
right of self-determination, freedom, and independence of peoples
deprived of such rights, nor the right of these peoples to struggle to that
end and to seek and receive support.

B. Right to sovereignty & independence

 Sovereignty is the totality of the powers, legal competence and privileges of a State
arising· from customary international law, and not dependent on the consent of
another State.
 Independence is the freedom to conduct foreign relations without outside control.
o right to independence is a natural aspiration of peoples, but it is not an
absolute freedom.
o Valid restraints may consist in the obligation to observe the rights of others;
treaty stipulations; and obligations arising from membership in international
organizations.
 Intervention- Act by which a States interferes in the domestic or foreign affairs of
another State through the use of force or threat of force (whether physical, po- litical
or economic). See Nicaragua v. US, Communique)
o Intervention used to be justified by various reasons, from
preservation of the balance of power, preemptive self-defense,
enforcement of treaty obligations, collection of debts.
o Under contemporary international law, as a rule, intervention is not allowed.
International disputes have to be settled by peaceful means.
 Under Article 2, UN Charter, even the UN is precluded from
intervening in matters essentially within the domestic jurisdiction of a
State, unless necessary to remove and prevent threats to the peace,
breaches or acts of aggression.
o A 1965 UN' General Assembly Resolution States that no State has the right to
intervene, directly or indirectly, in the affairs of another.
o At present, intervention is allowed only as an act of individual or collective
self-defense in response to an armed attack; pursuant to treaty stipulations; or
with prior UN authorization.
 Protection of Nationals - an intervention in order to protect one's
nationals is not an attempt on the territorial or political integrity of
the invaded State.
 Humanitarian Intervention. This denotes the intervention of one State
into the territory of another in order to protect the nationals of the
 invaded State. It remains debatable whether humanitarian intervention
is valid under international law given the principle of sovereignty
C. Right of Equality
a. Christian Wolff declared that by nature all nations should be regarded as
equal with one another. The idea here is that nations, being made up of free
individuals, must necessarily be equal since all men are born equal.
b. Article 2, UN Charter, States that the organization is based on the
principle of sovereign equality of all its members. But what is really
guaranteed is legal- or sovereign - equality: "equal in law, rights of
sovereignty, personality, territorial integrity and political independence
respected by others".
c. Act of State Doctrine- Every sovereign State is bound to respect the
independence of every other State, and the courts of one country will not sit
in judgment on the acts of the government of another, done within its
territory.
i. A State should not inquire into the legal validity of the public acts
of another State done within the territory of the latter. For this
purpose, considerations such as motive are immaterial.
d. Legal effects of Sovereign Equality on Jurisdiction.
i. International Consequence- State cannot be sued or be compelled
to arbitrate or mediate without its consent.
ii. Domestic Consequence- matters that are within the exclusive
competency, a State cannot be interfered with by other States. By
way of exception, intervention is, however, explicitly allowed only
when the matter involved falls under those which are within the
jurisdiction of the UN Security Council to intervene in.
D. Doctrine of State Immunity
 Based on the principle of par in parem non habet imperium and the principle ofnon-
intervention.
 As a consequence of independence, territorial supremacy and equality, a State enjoys
immunity from the exercise of jurisdiction (legislative, executive or judicial) by another
State, unless it has given consent, waived its immunity, or voluntarily submitted to the
jurisdiction of the court concerned. Neither may its public property be attached or taxed
nor its public vessels be boarded, arrested or sued.
o Ships. The immunity afforded to foreign merchant vessels and other foreign
ships being operated for commercial purposes stems from the right of innocent
passage. The right of innocent passage is, however, less in immunity from suit
and more on immunity from molestation while within another State's territorial
waters. the same doctrine will not afford them immunity from suit if they commit
a criminal act while in that jurisdiction .
 State Organs and Other State Entities. The legislative, executive, and judicial
branches of a State enjoy immunity. Aside from these State organs, other State
entities may likewise claim State immunity if they exercise sovereign immunity for a
purpose which would have enabled the State itself to invoke immunity.
o There are certain categories of persons which international law accords immunity
from the jurisdiction of municipal courts. Foreign States (State immunity) and
 diplomatic agents (diplomatic immunity). The State's immunity extends to the
Head of State who is the personification of the State
o Limitations- this same immunity will not apply where the Head of State has
been arrested or detained pursuant to a case before an international tribunal.
 Immunity rationae materiae is immunity for public acts done while still
in office, while immunity rationae personae is immunity for private acts
done while still in office. Once a Head of State steps down, jurisprudence
has held that while he may still invoke immunity rationae materiae, he
may no longer invoke immunity rationae personae.
 The principle of State immunity - whether absolute or restrictive - is a recognized
principle of international law. Thus, should a State fail to apply the principle of immunity
when appropriate, it will be responsible under international law.
o Restrictive application of the doctrine. This immunity, however, is
recognized only with respect to sovereign or public acts of the State, and
cannot be invoked with respect to private or proprietary acts. Neither
may this immunity be invoked when the foreign States in the courts of another
State, for then it is deemed to have submitted itself to the ordinary incidents
of procedure and thus, a counterclaim may be validly set up against it.
  acts jure gestionis - regard to private acts/acts Jure imperii -  Is the act
of the foreign national or entity
o The International Law Commission Draft Articles on Jurisdictional
Immunities of States and Their Properties.
 Activities Not Considered Immune
 Labor and Employment Contracts -·Whether or ·not the hiring of
work ers qualifies as' a public act or a private act is often a factual
is -sue that is best left to the discretion of the courts.
o State who does not extend immunity to the private acts of another State
cannot be held liable under international law. However, if a State does not
extend immunity to public acts of another State, it may be held liable for violating
the principle of State immunity.
o State Immunity v. Non-Justiciability - Immunity is extended as recognition
of sovereign equality, while non-justiciability only comes into play if the
domestic court has no capacity to rule on the matter. Thus, although a domestic
court may be capacitated to rule on a matter, if what is involved is a public act
of a State, State immunity will curtail that court from deciding the case. On the
other side, regardless if the act is private or public, if the issue involved is non-
justiciable, the domestic court has no capacity to rule on the matter.
 Immunity of International Organizations - Immunity extends to diplomatic personnel,
to the United Nations, its organs and specialized agencies, and to international
organizations. The accepted justification for this is that the functions they perform are of
a level of importance so as to merit the organization and their staff privileges and
immunities that would ultimately enable them to perform their tasks more efficiently.
 Waiver of immunity. The State is deemed to have waived its immunity
o when it gives consent at the time the proceeding is instituted;
o when it takes steps relating to the merits of the case before invoking immunity;
o when, by treaty or contract, it had previously given consent; or
 o when, by law or regulation in force at the time of the complaint arose, it has
indicated that it will consent to the institution of the proceedings.
 Under Philippine jurisprudence, the doctrine of State Immunity can only be validly
invoked where it is ultimately the State, and not the official being charged, who has
to bear the consequences.

IV. TERRITORY OF STATES

Territory
Refers to the fixed portion on the surface of the earth on which the State settles and over
which it has supreme authority.
Components
1. Terrestrial
2. Fluvial
3. Maritime
4. Aerial Domains
The national territory of the Philippines is defined under Section 1, Article 1 of the 1987
Philippine Constitution.

Organic acts and issuances affecting the Philippine’s National Territory

1. Treaty of Paris (December 10, 1898)
2. Treaty between the Spain and the US (November 7,1900)
3. Treaty between the US and Great Britain (January 2, 1930)
4. 1935 Constitution
5. 1973 Constitution
6. PD 1596

Land Territory (Terrestrial Domain)

1. Modes of Acquisition
a. Discovery and Occupation
b. Prescription
c. Cession
d. Conquest
e. Accretion
2. Contemporary Standard
Current international standards place a premium on effective occupation, consent, and the
right to self-determination with regards to sovereignty over territory.
 3. Uti Possidetis Juris
Newly formed sovereign States should have the same borders as those State preceding them.
Air Territory (Aerial Domain)
Refers to the air space above the land and waters of the State.

International Convention on Civil Aviation (Chicago Convention)

The contracting parties in the said convention shall recognize that every State has the
complete and exclusive sovereignty over the air space above its territory; but this shall not
include outer space which is considered as res communes. Other State have no right of innocent
passage over the air territory of another State.

V. JURISDICTION
Definition:
The Power or authority exercised by a State over land, persons, property, transactions,
and events.
Types of Jurisdiction:
1. Prescriptive Jurisdiction – ability of the State to define its own laws.
2. Enforcement Jurisdiction – ability of the State to enforce laws it has created
Bases of Jurisdiction:
1. Territorial Principle – General rule, state may exercise its jurisdiction only within its
territory. Exception, it may have jurisdiction over persons and acts done outside its
territory depending on the kind of jurisdiction it invokes.
2. Nationality Principle – State has jurisdiction over its nationals anywhere in the world,
based on the theory that a national is entitled to the protection of the State wherever he
may be, and thus, is bound to it by duty of obedience and allegiance.
3. Protective Principle – State has jurisdiction over acts committed abroad which are
prejudicial to its national security, territorial integrity, political independence, or any
other vital interests.
4. Principle of Universality – State has Jurisdiction over offenses considered as universal
crimes regardless of where committed and who committed them.
5. Principle of Passive Personality – State exercises jurisdiction over crimes against its
own nationals even if committed outside its territory.
Abduction towards Jurisdiction
It would be improper and unlawful fir the States to exercise jurisdiction over those they
have brought into their territory through means that violate international law.
Exemptions from Jurisdiction:
1. Doctrine of State Immunity
2. Act of the State Doctrine – State should not inquire into the legal validity of the public
acts of another State done within the territory if the latter.
3. Diplomatic Immunity – It Grants immunity to diplomatic representatives, in other to
uphold their dignity as representatives of their respective States and allow them to freely
exercise their function.
4. Immunity of the United Nations, its Organs, Specialized Agencies, Other
International Organizations, and its Officers
5. Foreign merchant vessels exercising the tight of innocent passage or arrival under
stress - navigation through the territorial sea of the state for purpose of traversing that sea
w/o entering internal waters, or of proceeding to internal waters, or making for the high
seas from internal waters, as long as it is not prejudicial to the peace, good order or
security of the coastal state.
6. Foreign armies passing through or stationed in the territory with the permission of
the State.
7. Warships and other public vessels of another State operated for non-commercial
purposes – General rule, they a re immune from local jurisdiction under the fiction that
they are “floating territory” of the flag State. Exception, immunity will not apply if the
crewmembers violate local laws whole on furlough or off-duty.
Jurisdiction Over Land Territory
State exercises jurisdiction on everything found within its terrestrial domain, save the
exemptions mentioned above.
Jurisdiction Over Maritime Territory
1. Over Internal Waters – Same jurisdiction as with the land area because theses internal
waters are deemed assimilated in landmass. In case of foreign merchant vessels docked in
a local bay:
a. English Rule – Coastal State shall have jurisdiction over all offenses committed
on board the vessel except those which do not compromise the peace of port.
b. French Rule – Flag State shall have jurisdiction over all offenses committed on
board the vessel except those which compromise the peace of the port.
2. Over Archipelagic waters – Same as internal waters with the exception of innocent
passage of merchant vessels through archipelagic sealines.
3. Over Territorial Sea - Crim juris over foreign merchant vessels shall be determined by
application of either the English rule or French rule.
4. Over Contiguous Zone - Coastal State may exercise ctrl necessary to prevent
infringement of its customs, fiscal, immigration & sanitary regulations, & punish the said
infringement.
5. Over Exclusive Economic Zone - Coastal State has sovereign rights over EEZ for
exploring & exploiting, conserving & managing the natural resources, whether living or
non-living, of the seabed, subsoil, & superjacent waters, as well as production of energy
 from water, current & wind. Other States shall have freedom of navigation & over-flight,
to lay submarine cables & pipes, etc.
6. Over Continental Shelf - State enjoys right of exploitation of oil deposits & other
resources in the continental shelf.
7. Over High Seas – Jurisdiction may be exercised by the State on the high seas over its
vessels, pirates, those engaged in illicit traffic in drugs and slave trade, in the exercise of
the tight to visit and search, and hot pursuit doctrine.
Jurisdiction Over other Territories
A State may extend its jurisdiction to territory within its sovereignty, by virtue of
customary conventional law, in the following cases:
1. Assertion of personal juris
2. Through relations w/other states
3. Consequence of waiver of jurisdiction
4. Through principle of exterritoriality
5. Through enjoyment of easements & servitudes
Rome Statute of the International Criminal Court
- Adopted in July ’98 by a conference of states in Rome
- Court comes into existence once 60 States have ratified the statute
- Phils signed ICC on 28 Dec 2000
- As of 1-4-00, 124 countries signed the statute although only 25 have ratified the same.
- Jurisdiction of the court: limited to most serious crimes of concern to the international
community as a whole.
The Court has Jurisdiction in accordance with the ICC Statute with respect to: genocide, crimes
angst humanity, war crimes, crimes of aggression

VI. RIGHT OF LEGATION

I. Right of legation (“right of diplomatic intercourse”)

Refers to the right of State to send & receive diplomatic missions, which enables the
States to carry on friendly intercourse. It is not a natural or inherent right but exists only
by common consent. No legal liability is incurred by the state for refusing to send or
receive diplomatic representatives. Governed by Vienna Convention on Diplomatic
Relations.

A. Agents of diplomatic intercourse

 • Head of state – embodiment of and represents the sovereignty of the State and
enjoys the right to special protection for his physical safety
and the preservation of his honor and reputation.
• Foreign office – actual day-to-day conduct of foreign affairs is usually entrusted
to a Foreign Office, headed by a Secretary or a Minister who, in
proper cases, may make binding declarations on behalf of the government.

B. Establishment of Resident Missions

States carry on diplomatic intercourse through permanent missions established in capitals

of other states. Mission is composed of:

• Head of mission - ambassadors/nuncios, envoys/ministers/internuncios, charges

d’affaires.
• Diplomatic staff - those engaged in diplomatic activities.
• Administrative & technical staff – those employed in the mission.
• Service staff - engaged in the domestic services of the mission.

C. Diplomatic corps

Doyen or head of this body; Papal Nuncio or oldest ambassador; or in absence of

ambassador, the oldest minister plenipotentiary.

D. Appointment of envoys

It is the President who appoints, sends & instructs the diplomatic & consular
representatives, & his prerogative to determine the assignment of country’s diplomatic
representatives cannot be questioned.

E. Functions & duties

• Representing the sending state in the receiving.

• Protecting in the receiving state the interests of the sending state & its nationals,
within the limits allowed by international law.
• Negotiating with the government of the receiving state.
• Ascertaining by all lawful means the conditions in the receiving state & reporting
these to the sending state.
• Promoting friendly relations between the sending state & receiving state &
developing their economic, cultural & scientific relations.

F. Diplomatic immunities & privileges

• Personal inviolability
 • Inviolability of premises & archives
• Right of official communication
• Immunity from local juris
• Exemption from taxes & customs duties
• Other privileges which include the freedom of movement & travel in the territory of
the receiving state, exemption from all personal services & military obligations

[Link] of immunities & privileges

Enjoyed from the moment he enters the territory of receiving state & shall cease only the
moment he leaves the country, or on expiry of a reasonable time in which to do so;
although w/respect to official acts, immunity shall continue indefinitely. Available even
in transitu when traveling through a 3rd state on the way to or from the receiving state.

[Link] of Immunities

Made only by the gov’t of sending state if it concerns the immunities of the head of
mission; in other cases, the waiver may be made by either the govt or by the chief
mission. Waiver of this privilege does not include waiver of immunity in respect of
execution of judgment; a separate waiver for the latter is necessary.

I. Termination of Diplomatic mission

Death, resignation, removal or abolition of office, recall by sending state, dismissal by

receiving state, war between receiving & sending state, or extinction of the state

II. Consular Relations

Consuls are state agents residing abroad for various purposes but mainly in the interest of
commerce & navigation.

A. KINDS OF CONSULS:

• Consules missi - professional & career consuls, & nationals of appointing state.
• Consules electi - selected by appointing state either from its own citizens or from
among nationals abroad.

B. RANKS:

• Consul general – heads several consular districts, or one exceptionally large

consular district.
• Consul – takes charge of a small district or town or port.
• Vice consul – assists the consul.
• Consular agent – entrusted with the performance of certain functions by consul.
C. APPOINTMENT

• Letters patent – letter of appointment or commission which is transmitted by the

sending State to the Secretary of Foreign Affairs of the
country where the consul is to serve.
• Exequatur – authorization given to the consul by the sovereign of the receiving
State, allowing him to exercise his function within the territory.

D. FUNCTIONS

Commerce & navigation, issuance of visa, etc

E. IMMUNITIES & PRIVILEGES

• Freedom of communication in cipher or otherwise.

• Inviolability of archives but not of the premises where legal processes may be
served & arrests made.
• Exempt from local jurisdiction for offenses committed in the discharge of official
functions.
• Exempt from testifying on official communications or on matters pertaining to
consular functions.
• Exempt from taxes, customs duties, military/jury service.
• May display their national flag in the consulate.

F. TERMINATION OF CONSULAR MISSION

Withdrawal of exequatur; extinction of state; war