PUBLICINTERNATIONALLAW of bitterness against colonial powers, became

Attorney Duka members.

THENATUREOFINTERNATIONALLAW 5.) The Cold War period succeeded in maintaining

peace through balancing of 2 superpowers.
PublicInternationalLaw
Law that deals with the conduct of States and 6.) Dissolution of the Soviet Union resulting in end of
international organizations, their relations with each other Cold War with re-emergence of international relations
and, in certain circumstances, their relations with based on multiple sources of power and not
persons, natural or juridical. mainly ideology.

HISTORYOFPUBLICINTERNATIONALLAW HugoGrotius

BriefHistoricalDevelopmentofInternationalLaw: International practices, customs, rules and treaties

proliferated to the point of complexity. Several scholars
Ancient IL governed exchange of diplomatic sought to compile them all into organized treatises. The
emissaries, peace treaties, etc. in the world of the ancient the most important of these wasHugo Grotius, whose treatise
Romans and earlier. The progressive rule of the law of nations, On the Law of War and Peace, Three Booksis considered the starting
seen as a law 'common to all man,' became the law of point for modern international law. BeforeHugo Grotius,
the vast Roman Empire. most European thinkers treated law as something
independent of mankind, with its own existence. Some
Modern IL began with the birth of nation-states laws were invented by men, but ultimately they reflected
in the Medieval Age. Governing principles were derived the essential natural law. Grotius was no different, except
from Roman Law or Canon Law which drew from natural in one important respect: Unlike the earlier thinkers, who
law. Hugo Grotius is considered the father of modern international law. What believed that the natural law was imposed by a deity,
he called 'law of the nations' was later given the name Grotius believed that the natural law came from an
IL essential universal reason, common to all men.

The positivist approach reinterpreted IL not on Thisrationalistperspective enabled Grotius to posit

basis of concepts derived from reason but rather on basis several rational principles underlying law. Law was not
of what actually happened in the conflict between states. imposed from above, but rather derived from principles.
With the emergence of the notion of sovereignty came the view of Foundation principles included the axioms that promises
law as commands backed up by threats of sanction. In must be kept, and that harming another requires
this view, IL not law because not from command of sovereign. restitution. These two principles have served as the basis
for much of subsequent international law. Apart from
Significant milestones in development of natural-law principles, Grotius also dealt with
InternationalLaw: international custom, or voluntary law. Grotius
emphasized the importance of actual practices, customs
Peace of Westphalia (ending 30 years war) and treaties —what "is" done —as opposed to normative
established a treaty based framework for peace rules of what 'ought to be' done. Thispositivistapproach
cooperation. (it was at this time that agreements are to be kept to international law strengthened over time. As nations
servandaarose.) became the predominant form of state in Europe, and
their man-made laws became more important than
2.) Congress of Vienna (ending Napoleonic wars) religious doctrines and philosophies, the law of what 'is'
created a system of multilateral political and economic similarly became more important than the law of what
cooperation. ought to be.

3.) Covenant of the League of Nations (incl. Treaty DIFFERENCEBETWEENPUBLICINTERNATIONAL

of Versailles ending WWI) created the Permanent LAWandCONFLICTSOFLAW
International Court of Justice.
Public ConflictsofLaw
4.) Founding of UN in aftermath of WWII. Shift of International
power away from Europe and beginning of truly Law
universal institution. Universalization advanced Asto International Municipal or National
by decolonization which resulted in expansion of Nature
membership of UN. New states, carrying a legacy It is a law of a Except when embodied

Pua, Rochel April Page

 sovereign over in a treaty or convention, the laws of another so for
those subjected becomes international in as can be done
to character. It is a law, not consistently with its own
his sway above, but between, interests
sovereign states and is,
therefore, a weaker law.
Asto International Local or Municipal DIVISIONSOFINTERNATIONALLAW
Remedies Modes of Tribunals through local
/ settlement administrative and The Laws of Peace
Settleme judicial processes. - Governs the normal relations of states
Like negotiations - Human Rights Law
and arbitration,
reprisals and 2. The Laws of War
even war - When war breaks out between or some
Asto Derived from Consists mainly of the of them
Source such sources as lawmaking authority of - International Humanitarian Law
international each state. - Laws of Armed Conflicts
customs
international 3. The Laws of Neutrality
conventions and - Those not involved in the war, however,
the general their relatives with the belligerents, or
principles of law. those involved in the war are governed
Asto International Private Persons by the laws of neutrality
Parties Entities
Regulates the relations of
Applies to individuals whether of THESOURCESOFINTERNATIONALLAW
relations states the same nationality or
among themselves and others not. In the absence of a centralized legislative
international executive and judicial structure, there is no single body
persons. able to legislate and there is no system of courts with
Asto International Sheriff/Police compulsive power to decide what the law is nor is there a
Enforcem Sanctions centralized repository of international law. thus, there’s a
ent problem of finding out where the law is. Nevertheless, IL
Response Infractions are Generally, entails only exists and there are sources where the law can be found.
bilityfor usually collective individual responsibility.
Violation in the sense that 2Classifications:
it attaches
directly to the 1.) Formal sources:
state and not to The various processes by which rules
its nationals come into existence (e.g. legislation, treaty)
Regulates the Regulates the comity of making and judicial decision making, and the
political states in giving effect in practice of states.)
intercourse of one to the municipal
nations with each laws of another relating 2.) Material sources:
other or to private persons or The substance and content of the
concerns concerns the rights of obligation. They identify what the obligations
questions of persons within the are. Also referred to as “evidence” of IL. (e.g.
rights between territory and dominion of state practice, UN resolutions, treaties
nations one state or nations by judicial decisions and writings of jurists.
reason of acts, private or
public, done within the The doctrine of sources lays down conditions for
dominion of another, and verifying and ascertaining the existence of legal
which is based on the principles. The conditions are the observable
broad general principle manifestations of the “wills” of states as revealed in the
that one country will processes by which norms are formed (treaty & state
respect and give effect to

Pua, Rochel April Page

practice accepted as law.) The process of verification is and though the application of right
inductive and positivistic. reason.

As he is bound to observe these rules

without need of a formal or external
prescription, so too is the state, which is
composed of individuals.
SOURCESOFINTERNATIONALLAW

PrimarySources 2. The Positivist School

- Holds that International Law is based on
International Treaties and Conventions the consent of states, and on such
- Are voluntarily entered into by states consent only.
and encapsulates express obligations - This consent is expressed in the case of
entered into. conventional law, implied in the case of
customary law, and presumed in the
2. International Customs case of the general principles of law.
- These are the consistent practices of
states adopted over several years. 3. The Eclectic or Grotian School
- Is usually invoked where there are no - Represents a compromise between the
treaties that exist to cover a particular first two schools of thought and submits
issue or situation. that international law is binding partly
- A custom need not be worldwide as it because it is good and right and partly
can be limited to a region only because states have agreed to be bound
by it.
3. General Principles of International Law - This appears to be the most widely
- These are the accepted principles of law accepted
under major legal systems
e.g. all states are created equal FUNCTIONSOFINTERNATIONALLAW

SubsidiarySources ThePrincipalFunctionsare:

4. Decisions of Courts To promote international peace and security

- Decisions of the International Court of To foster friendly relations among nations and to
Justice and other International Tribunals discourage the use of force in the solution of
are given weight. Decisions of municipal differences among them
or domestic courts are given lesser 3. To provide for the orderly regulation of the
weight except if they pertain to conduct of states in their mutual dealings
precedent-setting cases such as the 4. To ensure international cooperation in the pursuit.
Paquete Habana Case of certain common purposes of an economic,
social, cultural or humanitarian character.
5. Teachings of Publicists
- The court shall apply "The teachings of BASIS OF APPLYING INTERNATIONAL LAW IN
the most highly qualified publicists of LOCALJURISDICTION
the various nations, as subsidiary means
for the determination of rules of law. DoctrineofIncorporation
International laws are adopted as part of a state ’s
Publicist: Learned Writers municipal law, by a general provision or clause usually in
its Constitution.
BASISOFINTERNATIONALLAW
Section2,ArticleII,1987Constitution
The Law of Nature School The Philippines renounces war as an instrument of
- Believes that international law is based national policy, adopts the generally accepted principles
on the rules of conduct discoverable by of international law as part of the law of the land and
every individual in his own conscience adheres to the policy of peace, equality, justice, freedom,
cooperation and friendship with all nations.

Pua, Rochel April Page

Case: Secretary of Justice v. Lantion In states where the constitution is the highest law of
GR No. 139465, Jan. 18, 2000 and Oct. 17, 2000 the land, such as in ours, both statutes and treaties
may be invalidated if they are in conflict with the
FACTS: constitution.
A possible conflict between the US-RP
Extradition Treaty and Philippine law Supreme Court has the power to invalidate a treaty

ISSUE: Section 5 By 2 (a), Art. VIII, 1987

WON, under the Doctrine of Incorporation, Constitution
International Law prevails over Municipal Law Sec 5. The Supreme Court shall have the
HELD: following powers:
NO. Under the doctrine of incorporation, rules (2) Review, revise, reverse, modify, or affirm on
of international law form part of the law of the land appeal or certiorari, as the law or the Rules
and no further legislative action is needed to make of Court may provide, final judgments and
such rules applicable in the domestic sphere. orders of lower courts in:
(a) All cases in which the
The doctrine of incorporation is applied whenever constitutionality or validity of any
local courts are confronted with situations in which treaty, international or executive
there appears to be a conflict between a rule of agreement, law, presidential decree
international law and the provisions of the local proclamation, order, instruction
state’s constitution/statute. ordinance, or regulation is in
question.
First, efforts should first be exerted to harmonize
them, so as to give effect to both. This is because it DoctrineofTransformation
It is presumed that municipal law was enacted with Requires the enactment by the legislative body of
proper regard for the generally accepted principles such international law principles as are sought to be part
of international law in observance of the of municipal law.
incorporation clause.
THEORIES DEFINING THE RELATIONSHIP OF
However, if the conflict is irreconcilable and a INTERNATIONALLAWWITHDOMESTICLAW
a choice has to be made between a rule of
international law and municipal law, jurisprudence TheoryofMonism
dictates that the municipal courts should uphold Internationallawanddomesticlawareonelegal
municipal law. system, but International Law is superior to the
DomesticLaw.
This is because such courts are organs of municipal It proposes that International Law cannot be
law and are accordingly bound by it in all limited by a State ’s Constitution. If a conflict exists
circumstances. The fact that international law was between Domestic Law and International Law, it is
made part of the law of the land does not pertain to International Law which should prevail.
or imply the primacy of international law over
national/municipal law in the municipal sphere. TheoryofDualism
InternationalLawandDomesticLawaredistinct
The doctrine of incorporation, as applied in most and separate. The application of International Law is
countries, decrees that rules of international law are limited by the Domestic Law or the State ’s
given equal standing with, but are not superior to, Constitution. It would appear that the Philippines is a
national legislative enactments. dualistic state.

In case of conflict, the courts should harmonize SUBJECTSOFINTERNATIONALLAW

both laws first and if there exists an unavoidable
contradiction between them, the principle of lex Entity that has rights and responsibilities under
subsequent overrides prior - a treaty may repeal a international law and having the capacity to maintain its
A statute and a statute may repeal a treaty - will apply. rights by bringing international claims, includes:
But if these laws are found in conflict with the
Constitution, these laws must be stricken out as SUBJECTS:
invalid.

Pua, Rochel April Page

 State and of guaranteeing to it indisputable sovereignty
A group of people, living together in a fixed also in the field of international relations.
territory, organized for political ends under an
independent government, and capable of entering From the wordings of the Lateran Treaty, it is
into international relations with other states. difficult to determine whether the statehood is
vested in the Holy See or in the Vatican City.
Elements:
a. People The Vatican City fits into none of the established
b.Territory categories of states, and the attribution to it of
c. Government "sovereignty" must be made in a sense different
d. Independence or Sovereignty from that in which it is applied to other states.

DoctrineofActsofState The Vatican City represents an entity organized

Every sovereign state is bound to respect the not for political but for ecclesiastical purposes
independence of every other sovereign state, and international objects.
and the courts of one country will not sit in
judgment on the acts of the government of Despite its size and object, it has an independent
another done within its own territory. government of its own, with the Pope, who is also
head of the Roman Catholic Church, as the Holy
ColoniesandDependencies See or Head of State, in conformity with its
From the viewpoint of international law, they traditions, and the demands of its mission. Indeed,
are considered as part and parcel of the parent its world-wide interests and activities are such as
state through which all its external relations are to make it in a sense an 'international state'.
transacted with other states.
It was noted that the recognition of the Vatican
Colony City as a state has significant implications – that it
A dependent political community consisting It is possible for any entity pursuing objects.
of a number of citizens of the same country who essentially different from those pursued by states
have migrated from there to inhabit in another to be invested with international personality.
country, but remain subject to the mother state
Since the Pope prefers to conduct foreign
Dependency relations and enter into transactions as the Holy
A territory distinct from the country which See and not in the name of the Vatican City, one
the supreme sovereign power resides but can conclude that in the Pope's own view, it is the
belongs rightfully to it, and subject to the laws Holy See, which is the international person.
and regulations which the sovereign may
prescribe. The Philippines has accorded the Holy See the
status of a foreign sovereign. The Holy See,
<3>MandatesandTrustTerritories through its Ambassador, the Papal Nuncio, has
There are non-self governing territories which had diplomatic representations with the
have been placed under international supervision Philippine government since 1957. This appears
to ensure their political, economic, social and to be the universal practice in international
educational advancement. relations.

TheVatican TheUnitedNations
In 1928, Italy and the Vatican concluded the International organization created at San
Lateran Treaty 'for the purpose of assuring to the Francisco Conference held in the US from April 25
Holy See absolute and visible independence and of to June 26, 1945. The UN succeeded the League of
guaranteeing it absolute and indisputable Nations and is governed by a charter that came
sovereignty in the field of international relations. into force on October 24, 1945.

The Holy See v. Rosario, Jr. OfficialLanguagesoftheUN:

French
The Lateran Treaty established the STATEHOOD Russian
of the Vatican City “for the purpose of assuring to English
the Holy See absolute and visible independence Spanish

Pua, Rochel April Page

 Chinese - Organ charged with the administration
Arabic of the International Trusteeship System
(idle council)
MainPurposesoftheUN:
E. The Secretariat
Maintain international Peace and Security - Chief administrative organ of the UN
Develop friendly relations among nations
3. Achieve international cooperation F. International Court of Justice
Center for harmonizing actions of nations - Judicial organ of UN; world court
for the attainment of these common goals governed by the statute which is annexed
to and made part of the UN Charter

StructureoftheUN: BelligerentCommunity
Group of rebels under an organized civil
A. General Assembly government who have taken up arms against the
Central organ where all members are legitimate government. When recognized,
represented considered as a separate state for purposes of
conflict and entitled to all the rights and subjected
Functions: to all the obligations of a full-fledged belligerent
a. Supervisory under the laws of war.
b. Budgetary
c. Constituent InternationalAdministrativeBodies
d. Deliberative Certain administrative bodies created by
e. Elective agreement among states may be vested with
international personality when 2 conditions
B. Security Council agree
- Organ responsible for the maintenance Their purposes are mainly non-political
of peace and security; undertakes b. They are autonomous and not subject to
preventive and enforcement actions the control of any state
Examples:
Membership International Labor Organization
a. Permanent Members Food and Agriculture Organization
China World Health Organization
UK
France Case: Southeast Asian Fisheries Development
Russia Center
USA Aquaculture Department (SEAFDEC-AQD)
v. National Labor Relations Commission,
b. Non-Permanent Members Feb. 14, 1992
5 – from African and Asian States
2 – from Latin American States NATURE
2 – from Western European and Other Petition for certiorari to review the
States decision of the NLRC
1 – from Eastern European States
FACTS:
C. Economic and Social Council SEAFDEC-AQD is a department of an
- Exerts efforts towards higher standards international organization, the Southeast
of living, solutions of international Asian Fisheries Development Center.
economic, social health and related Private Respondent Lazaga was hired as a
problems, universal respect for and Research Associate and eventually became
observance of human rights and the Head of External Affairs Office of
fundamental freedoms SEAFDEC-AQD. However, he was
terminated allegedly due to financial
D. Trusteeship Council constraints being experienced by SEAFEC-
AQD. He was supposed to receive

Pua, Rochel April Page

 separation benefits but SEAFDEC-AQD Individuals
failed to pay private respondent his Only as an object of international law who can
separation pay so Lazaga filed a complaint act only through the instrumentality of his own
for non-payment of separation benefits, state in matters involving other states
plus moral damages and attorney's fees
with the NLRC.
In their ANSWER WITH THECONCEPTOFSTATE
COUNTERCLAIM, SEAFDEC alleged that
NLRC has no jurisdiction over the case ELEMENTSOFTHESTATE:
because: (1) It is an international
organization; (2) Lazaga must first secure People
clearances from the proper departments for Refers to the human beings living within its
property or money accountability before territory. They should be of both sexes and
any claim for separation pay will be paid sufficient in number to maintain and perpetuate
(and clearances have not been paid) themselves
COUNTERCLAIM: Lazaga had property
accountability and outstanding obligation Individuals of different races, languages
to SEAFDEC-AQD amounting to P27, and religions very often actually from
532.11 and that Lazaga was not entitled to one people that is to say, the people of
the accrued sick leave benefits due to his one state
failure to take advantage of the same during his
employmentLA: for Lazaga • Citizens,Nationals,Subjects
NLRC: affirmed LA, deleted attorney ’s
fees and actual damages. (2)Territory
SEAFDEC-AQD filed MFR: denied Is the fixed portion of the surface of the earth.
in which the people of the state reside
ISSUE:
WON SEAFEC-AQD is immune from suit A defined territory is necessary for
owing to its international character jurisdictional reasons and in order to
provide for the needs of the inhabitants
HELD:
YES As a practical requirement:
It should be big enough to be self-
Ratio. Being an intergovernmental sufficient and small enough to be
organization SEAFDEC including its easily administered and defended.
departments enjoys functional
independence and freedom from control of TheTerrestrialorLandDomain
the state in whose territory its office is Refers to the land mass on which the
located. inhabitants live.

Reasoning. One of the basic immunities ModesofAcquiringLandTerritory

of an international organization is immunity
from local jurisdiction (immune from legal a. Discovery and Occupation
writs and processes issued by the tribunals Original mode by which territory not
of the country where it is found) that the belonging to any state or TERRA NULLIUS
subjection of such an organization to the is placed under the sovereignty of the
authority of the local courts would afford a discovering state
convenient medium through which the host
government may interfere in their Need not be uninhabited provided
operations or even influence or control its that it can be established that the natives
policies and decisions of the organization. are not sufficiently civilized and can be
Such subjection to local jurisdiction would considered possessing no rights
impair the capacity of such body to sovereignty but only rights of habitation
discharge its responsibilities impartially on
on behalf of its member-states. REQUISITES FOR A VALID
DISCOVERYANDOCCUPATION:

Pua, Rochel April Page

 - Possession TheMaritimeorFluvialDomain
- Administration This consists of the bodies of water
within the land mass and the waters
InchoateTitleofDiscovery adjacent to the coasts of a state to a
Is acquired by the claimant state specified limit. Included in the maritime and
pending compliance with the second Fluvial domain includes landlocked lakes and rivers.
requirement which is administration man-made canals, the waters in certain
gulfs, bays and straits, and the territorial
b. Prescription sea.
Continuous and uninterrupted
possession over a long period of time, just ArchipelagoDoctrine
like in civil law. The waters around, between and
In international law, however, there is connecting the islands of the
no rule of thumb as to the length of time archipelago, regardless of their breadth
needed for acquisition of territory through and dimensions, form part of the internal
prescription. waters of the Philippines.andsentence
Article I, 1987 Constitution
Grotius Doctrine of Immemorial
Prescription: United Nations Convention on
Uninterrupted possession going beyond theLawsoftheSea(UNCLOS)
memory 3 International Conferences
have been called to formulate anew
law of the seas
c. Cession (by treaty)
Territory is transferred from 1 state to The conference has dealt with
another by agreement between them (sale, such controversial matters as the
donation barter/exchange and breadth of the territorial seas, use of
testamentary disposition straits for international navigation,
continental shelf, concept of an
d. Subjugation exclusive economic zone, freedom
Having been previously conquered or of the high seas, status of
occupied in the courses of war of the enemy, archipelagos and regime of islands.
is formally annexed to it at the end of the
st
war. Conquests alone inchoate right since it 1Conference: held in 1956-58 at
is the formal act of annexation that Geneva Switzerland
completeness acquisition. 2andConference: held in 1960 at
Geneva Switzerland
e. Accretion 3rdConference: held in 1970 by
Based on Accessio Cedat Principali the UN
accomplished through both natural or oWhich resulted in the adoption
artificial processes as by the gradual and of a new Convention of the Law
imperceptible deposit of soil on the coasts of of the Sea and became effective
the country through the action of the water on: November 16, 1994, signed
or by reclamation projects. in Jamaica, 119 out of 150
conferee-states
DoctrineofEffectiveOccupation
Under this doctrine, discovery of terra nullius StraightBaselineMethod
is not enough to acquire title to the discovered Drawn connecting selected points on
territory the coast without appreciable departure
from the general shape of the coast
TheInternalWaters
Also called National or Inland, are those ThalwegDoctrine
found in the bodies of water within the land mass For boundary rivers, in the
and the waters in gulfs and bays up to the point absence of an agreement between
where the territorial waters begin. the riparian states, the boundary

Pua, Rochel April Page

 A line is laid in the middle of the main. However in 1954 the
navigable channel. Government of India prevented
Portugal from exercising this right
MiddleoftheBridgeDoctrine of passage. Portugal claims that
Where there is a bridge over a there was a local custom in its
boundary river, the boundary line is favor with the right of passage over
the middle or center of the bridge. the territory. Portugal claims that
the denial of passage by India was
• BaysandGulfs done due to India's open
A bay is a well-marked campaign to annex Portuguese
indentation in the coast the area of territories.
which at least is as large or larger Existence of local custom
than, that of the semi-circle whose between two states. The Court says
diameter is a line drawn across its that it is difficult to see why the
mouth. Also referred to as the number of States between which a
juridical bay. local custom may be established
based on long practice must
• Strait necessarily be larger than two.
Narrow passageways There is no reason why long
connecting two bodies of water. If continued practice between two
the distance between the two States accepted by them as
the opposite coast is not more than six regulating their relations should
miles, they are considered internal. not form the basis of mutual rights
and obligations between the two
• Canals States.
The dispute arises at the time
TerritorialSea of the creation of the obstacles.
The belt of the sea located between the The question was put to the Court
coast and internal waters of the coastal state in respect of the dispute, which
on the one hand and the high seas on the has arisen between India and
other, extending up to 12 nautical miles from Portugal with regard to obstacles
the low water mark or in case of archipelagic placed by India in the way of
state, from the baseline. passage. It was in support of this
contention that it invoked its right
RightofInnocentPassage of passage and asked the Court to
Means navigation through the declare the existence of that right.
territorial seas of a state for the purpose This being so, it is the eve of the
of traversing that sea without entering creation of these obstacles that
internal waters must be selected as the starting
point which to ascertain whether
Case: Portugal v. India or not Portugal possessed such a
right.
Portugal has a territory in the Right of passage. With regard to
Indian Peninsula made up of the private persons, civil officials and
three districts of Goa, Daman and goods in general, there existed
Diu. The district of Daman during the British and post-British.
comprises, in addition to its littoral periods a constant and uniform
territory, two parcels of territory practice allowing free passage
completely surrounded by the between Daman and the enclaves.
territory of India which constitute This practice having continued
enclaves: Dadra and Nagar-Aveli. over a period extending beyond a
Portugal has been going through century and a quarter unaffected
Indian territory through the years in by the change of regime in respect
order to the enclaves of Dadra and of the intervening territory which
Nagar- Aveli. occurred when India became
independent. Practice was

Pua, Rochel April Page

 accepted as law by the Parties and Portugal ’s claim of a right of
has given rise to a right and a passage is subject to full
correlative obligation. recognition and exercise of Indian
In 1954, a right of passage over sovereignty over the intervening
intervening Indian territory territory and without any immunity
between coastal Daman and the in favour of Portugal. India’s refusal
enclaves and between the of passage in those cases was, in
enclaves, in respect of private the circumstances, covered by its
persons, civil officials and goods in power of regulation and control of
general, to the extent necessary, as the rite of passage of Portugal.
claimed by Portugal, for the
exercise of its sovereignty over the ContiguousZone
enclaves, and subject to the This refers to the waters beyond the
regulation and control of India. territorial seas but not in excess of twelve
There was a clear distinction miles from the outer limits of the territorial
between the practice permitting sea over which the coastal state exercises a
free passage of private persons protective jurisdiction to prevent the punishment
civil officials and goods in infringements of its cutoms, fiscal
general, and the practice requiring immigration or sanitary regulations (1982
previous authorization, as in the Convention on the Law of the Sea
case of armed forces, armed
police, and arms and ExclusiveEconomicZone
ammunition. There was no right of It is that expanse of sea extending two
passage in favour of Portugal hundred nautical miles from the coast or
involving a correlative obligation baselines of the state over which it asserts
on India has been established in exclusive jurisdiction and ownership over all
respect of armed forces, armed living and non-living resources found
police, and arms and ammunition. therein.
The course of dealings established
between the Portuguese and the ContinentalShelf
British authorities with respect to Is the seabed and subsoil of the
the passage of these categories submarine areas that extend beyond its
excludes the existence of any such territorial sea throughout the natural
right. The practice that was prolongation of its land territory to the outer
established shows that, with regard edge of the continental margin, or to a
to these categories, it was well distance of 200 nautical miles from the
understood that passage could baselines from which the breadth of the
take place only by permission of territorial sea is measured where the outer
the British authorities. This edge of the continental margin does not
situation continued during the extend up to that distance. (Art 76, par 1,
post-British period. UNCLOS
No breach of international
obligation when custom was HighSeas
subject to regulation of the other It is treated as common resources.
party. In view of the tension then none, and thus, are not territory of a
prevailing in intervening Indian particular state. The waters which do not
territory, the Court is unable to constitute the internal waters, archipelagic
hold that India’s refusal of passage waters, territorial sea and exclusive
to the proposed delegation and its economic zone of a state. They are beyond
refusal of visas to Portuguese the jurisdiction and sovereign rights of
nationals of European origin and to States.
native Indian Portuguese in the
employ of the Portuguese
Government was action contrary to THEPHILIPPINETERRITORY
its obligation resulting from
Portugal’s right of passage. PhilippineBaselineLaws

Pua, Rochel April Page

 Indirect,representativeorrepublican
1. NormalBaselineMethod democracy
Drawn from the low-water mark of the One in which the will of the state is
coast, to the breadth claimed, following its formulated and expressed through the agency
sinuousness and curvatures but excluding of a relatively small and select body of persons
the internal waters in the bays and gulfs chosen by the people to act as their
representatives
2. StraightBaselineMethod
Joining appropriate points may be 2. Aristocracy
employed in drawing the baseline from One in which political power is
which the breadth of the territorial seas is exercised by a few privileged class
measured. (Article 7 UNCLOS)
3. Monarchy (Rule by monarch)
Government Monarchies are one of the oldest
Defined as the agency through which the will political systems known, developing from
of the state is formulated, realized and tribal structure with one person the absolute
expressed. ruler.

In international law, it is the instrumentality Monarchy implies rule or the power of

that represents the state in its dealings with government in the hands of an individual
other international persons. The state can assert who has inherited the role and expects to
rights, and is held responsible, through its bequeath it to the descendants. Currently
government. there exist thirty-one monarchs reigning over
forty-five extant sovereign monarchies in the
FORMSOFGOVERNMENT: world, sixteen of which are Commonwealth
Realms that formally recognize Queen
A form of government, or form of state Elizabeth II as their head of state and Prince
governance refers to the set of Charles as heir.
politicalinstitutionsby which a governmentof
astateis organized in order to exert its powers Kindsofmonarchy:
over a house in the congressbody politic.
Synonyms include 'regime type' and 'system of' a. Absolute monarchy
government one in which the ruler rules by
divine right
1. Democracy (Rule by majority) b. Limited monarchy
is best described by Abraham Lincoln as a one in which the ruler rules in
form of government that is of the people, by accordance with the
the people and for the people. It is a form of constitution
government, which allows people to choose
the representatives amongst themselves who 4. Presidential
are given the rights to form the government. A One in which the state makes the
Democracy usually has a standard Constitution. executive constitutionally independent of the
that confers certain rights of freedom and legislature regarding his policies and acts
expression (and many other rights) to its
citizens and expects certain duties from them 5. Parliamentary
and a uniform law to govern the entire nation. One in which the state confers upon the
legislature the power to terminate the tenure
Directorpuredemocracy of office of the real executive
One in which the will of the State is
formulated or expressed directly and 6.Unitary
immediately through the people in a mass One in which the control of national
meeting or primary assembly and local affairs is exercised by the central
or national government

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 6. Federal Plutocracy
One in which the powers of government Refers to a form of government, which is
are divided between two sets of organs, one run by the rich. A Plutocracy is a form of
for national affairs and the other for local government, which is controlled by a small
affairs. group of extremely wealthy individuals. In
The politics of the Philippines takes place today ’s world many political analysts argue
in an organized framework of a presidential, there are still some situations in which private
representative and democratic republic corporations and wealthy individuals have a
whereby the president is both the head of strong hold over the government, which can be
state and the head of government within a synonymous with plutocracy.
plural multi-party system. This system
revolves around three separate and sovereign CommunistGovernment
yet interdependent branches: the legislative Is a form of Government in which the state
branch (the law-making body), the executive is governed by a one-party system. This form of
branch (the law-enforcing body), and the government works on the lines of Marxism
judicial branch (the law-interpreting body). Leninism. Thus, the state and the communist
Executive power is exercised by the party claim to act in accordance with the wishes
government under the leadership of the of the working class or the peasantry. Although
president. a communist government claims to implement
Legislative power is vested in both the democratic dictatorship of the proletariat, it
government and the two-chamber congress -- tends to incline towards the abolition of the
the Senate (the upper chamber) and the House state and implementation of communism.
of Representatives (the lower chamber).
Judicial power is vested in the courts with
the Supreme Court of the Philippines as the RECOGNITION
highest judicial body.
Recognition
Despotism It is an act by which a state acknowledges the
Is the form of rule wherein a single leader existence of another state, government or belligerent
rules the entire population and all his or her community and indicates its willingness to deal with the
subjects are considered to be his or her slaves. entity as such under the rules of international law.
The Pharaoh of Egypt is an example of this sort
of rule. In the case of contemporary contexts, the DOCTRINESONRECOGNITIONOFGOVERNMENT
term implies tyrannical rule.
Wilson/Tobar Doctrine
Dictatorship Precludes recognition of government
Implies rule by an individual who has established by revolution, civil war, coup d'état
complete power over the country. Although or other forms of internal violence until the freely
there have been several definitions of elected representatives of the people have
dictatorship, broadly all the various types and organized a constitutional government
forms of dictatorship tend to exhibit
totalitarian characteristics. When the power of 2. The Estrada Doctrine
the government does not come from the Dealing or not dealing with the government
people, is unlimited and tends to expand their established through a political upheaval is not a
scope of power to control every aspect of judgment on the legitimacy of the said
people's life, the form can be termed ad government (Mexican Minister Genaro Estrada.)
dictatorship.
3. Stimson Doctrine
Oligarchy (Rule by Few) Precludes recognition of any government
Is the form of government where a small established as a result of external aggression (US
A group has the power to govern or rule. Aristotle Secretary of State Henry Lewis Stimson
had coined the term oligarchy as a synonym for
rule by the rich (which is known as plutocracy), EFFECTS OF RECOGNITION OF A STATE OR
Oligarchy now simply refers to the rule of the GOVERNMENT
privileged few.

Pua, Rochel April Page

 Diplomatic relations; petitioners, the Supreme Court (SC) issued a
Right to sue in courts of recognizing state; Temporary Restraining Order enjoining the GRP
3. Right to possession of properties of predecessor from signing the same.
on the recognizing state;
4. All acts of the recognized state or government ISSUES:
are validated retroactively, preventing the 1. Did respondents violate constitutional and
recognizing state from passing upon their legality statutory provisions on public consultation
in its own courts. (Act of State Doctrine) and the right to information when they
negotiated and later initialed the MOA-AD?
PRACTICAL CRITERIA FOR RECOGNITION OF A
GOVERNMENT 2. Does MOA-AD violate Philippine national
territory and sovereignty?
1. It has control of the administrative machinery of
the state with popular acquiescence; and HELD:
2. It is willing and able to comply with its 1. Yes. The people ’s right to information
international obligations on matters of public concern under Sec. 7,
Article III of the Constitution is in splendid
KINDSOFRECOGNITIONOFGOVERNMENT symmetry with the state policy of full public
disclosure of all its transactions involving public
DeJureRecognition DeFactoRecognition interest under Sec. 28, Article II of the
Relatively permanent Provisional (duration of Constitution. The right to information
armed struggle guarantees the right of the people to demand
Vests title to properties of Does NOT vest title to information, while Section 28 recognizes the
government abroad properties of government duty of officialdom to give information even if
abroad nobody demands. The complete and effective
Brings about full diplomatic Limited to certain legal exercises of the right to information (Sec 7, Art
relations relations III) necessitates that its complementary
provision on public disclosure (Sec 28, Art II) is
Sovereignty self-executy Zachary Leviory in nature, subject
Supreme and uncontrollable power inherent in a only to reasonable safeguards or limitations as
State by which that State is governed. may be provided by law.
The government possesses full control over its The contents of the MOA-AD are a matter of
own affairs within a territorial geographical area or paramount public concern involving public
limit interest in the highest order. In declaring that
the right to information contemplates steps and
Case: Province of North Cotabato v. Government of negotiations leading to the consummation of
the Republic the contract, jurisprudence finds no distinction
of the Philippines, October 14, 2008 as to the executory nature or commercial
character of the agreement.
FACTS: An essential element of these twin freedoms is
On August 5, 2008, the Government of the to keep a continuing dialogue or process of
Republic of the Philippines Peace Panel on communication between the government and
Ancestral Domain (GRP), represented by its the people. Corollary to these twin rights is the
Chairman Rodolfo C. Garcia, and the MILF, design for feedback mechanisms. The right to
represented by its Chairman Mohagher Iqbal, public consultation was envisioned to be a
were scheduled to sign a Memorandum of species of these public rights.
Agreement on the Ancestral Domain (MOA-AD)
Aspect of the GRP-MILF Tripoli Agreement on 2. Yes. No province, city or municipality,
Peace of 2001 in Kuala Lumpur, Malaysia. not even the ARMM, is recognized under our
MOA-AD, among others, mentions the laws as having an “associative” relationship
Bangsamoro Juridical Entity (BJE) to which it with the national government. Indeed, the
grants the authority and jurisdiction over the concept implies powers that go beyond
Ancestral Domain and Ancestral Lands of the anything ever granted by the Constitution to any
Bangsamoro. The signing of the MOA-AD local or regional government. It also implies the
between the GRP and the MILF did not recognition of the associated entity as a state.
materialize, however, for upon motion of The Constitution however, does not

Pua, Rochel April Page

 contemplate any state in this jurisdiction other By their voluntary act, nations may surrender some
than the Philippine State, much less does it aspects of their state power in exchange for greater
provide for a transitory status that aims to benefits granted by or derived from a convention or
prepare any part of Philippine territory for pact.
independence. States, like individuals, live with equals, and
It is not merely an expanded version of the in pursuit of mutually agreed objectives and
ARMM, the status of its relationship with the benefits, they also commonly agree to limit the
national government being fundamentally exercise of their otherwise absolute rights.
different from that of the ARMM. Indeed, BJE is Thus, a state’s sovereignty cannot in fact and in
a state in all but name as it meets the criteria of reality be considered absolute. Certain restrictions
a state laid down in the Montevideo enter into the picture:
Convention, namely, a permanent population, a Limitations imposed by the very nature of
defined territory, a government, and a capacity membership in the family of nations; and Limitations
to enter into relations with other states. imposed by treaty stipulations.
Every assuming arguendo that the MOA-AD Thus, when the Philippines joined the UN as
would not necessarily sever any portion of one of its 51 charter members, it consented to
Philippine territory, the spirit animating it – restrict its sovereign rights under the 'concept of
which has betrayed itself by its use of the sovereignty as AUTO-LIMITATION.
concept of association – runs counter to the The underlying consideration in this partial
national sovereignty and territorial integrity of surrender of sovereignty is the reciprocal
the Republic. commitment of the other contracting states in
granting the same privilege and immunities to the
KINDSOFSOVEREIGNTY: Philippines, its officials and its citizens.
Clearly, a portion of sovereignty may be waived.
1. Internal without violating the Constitution, based on the
Supreme authority of a state within its rationale that the Philippines adopts the generally
territory accepted principles of international law as part of
the law of the land and adheres to the policy of . . .
2. External cooperation and amity with all nations.
Does not have any force in foreign territory
EFFECTOFCHANGEINSOVEREIGNTY
Q: ¿Es la soberanía absoluta?
A: In the domestic sphere – YES! The effect is that the political laws of the former
In the international sphere – NO! Sovereigns are not merely suspended but abrogated.
they regulate the relations
Tanada v. Angara, 272 SCRA 18 (1997) between the ruler and the rules, these laws fall to the
groundipso factounless they are retained or re-enacted
While sovereignty has traditionally been by positive act of the new sovereign.
deemed absolute and all-encompassing on the Non-political laws, by contrast, continue in operation.
At the domestic level, it is however subject to restrictions. for the reason also that they regulate private relations
and limitations voluntarily agreed to by the only, unless they are changed by the new sovereign or are
Philippines, expressly or impliedly, as a member of contrary to its institutions.
the family of nations.
By the doctrine of incorporation, the country is RECOGNITIONOFSTATES
bound by generally accepted principles of
international law, which are considered to be THEORIESONRECOGNITIONOFSTATES
automatically part of our own laws.
One of the oldest and most fundamental rules in Declaratory School
international law is agreements must be kept – - Merely affirms an existing fact like the
international agreements must be performed in possession by the state of the essential
good faith. elements.
A treaty engagement is not a my moral - Discretionary and political
obligation but creates a legally binding obligation on
the parties. By their inherent nature, treaties limit or 2. Constitutive School
restrict the absoluteness of sovereignty. - It is the act of recognition that constitutes
the entity into an international person.

Pua, Rochel April Page

 - Compulsory and legal The state may take measures including the use of
- May be compelled once the elements of a force as may be necessary to counteract any
states are established danger to its existence

BELLIGERENCY Aggression
The use of armed force by a State
Belligerency against the sovereignty, territorial integrity or
status of parties legally at war political independence of another State, or
in any other manner inconsistent with the
CONDITIONSRECOGNITIONOFBELLIGERENCY Charter of the United Nations, as set out in
this definition.
There must be an organized civil government
directing the belligerency
The rebels must occupy a substantial portion of
the territory of the state
3. The conflict between the legitimate government ACTSOFAGGRESSION
and the rebels must be serious, making the
outcome uncertain. Invasion or attack of a state
4. The rebels must be willing and able to observe 2. Bombardment of state
the laws of war. 3. Blockade of ports or coasts
4. Use of armed forces within a state in
EFFECTSOFRECOGNITIONOFBELLIGERENCY contravention to any agreement
5. Action of state in allowing its territory for
Responsibility for acts of rebels resulting in injury an act of aggression against a third state
to nationals of the recognizing state shall be shifted 6. Sending of armed groups or mercenaries
to rebel government. which carry an act of armed force
2. The legitimate government recognizing the against another state
rebels as belligerents shall observe laws or
customs of war in conducting hostilities. REQUISITESFORPROPEREXERCISE
3. Third states recognizing belligerency should OFRIGHTOFSELF-DEFENSE
maintain neutrality.
a. Armed attack
Recognition is only provisional and only for b. Self-defensive action taken by
purposes of hostilities the attacked state must be reported
immediately to the Security Council
ThePrincipleofStateContinuity c. Such action shall not in any way affect
It means that the legal existence of a state continues. the right of the Security Council to take
notwithstanding changes in the size of its population or at any time action as it deems necessary
territory or in the form or leadership of its government as to maintain or restore international
long as the four essential elements of statehood are peace and security
retained.
CollectiveSelfDefense
CreationofNewState Right of states to come to the defense
By revolution, unification, secession, assertion of of a state whose situation meets the
independence, agreement and attainment of civilization. condition of legitimate individual self-
defense under the UN Charter
ExtinctionofState
By extinction or mass emigration of its population, AbatementDoctrine
loss of territory, overthrow of government resulting in When conditions in the territory of a
anarchy. neighboring state might result in anarchy
or disorder and the authorities of the state
FUNDAMENTALRIGHTSOFSTATES are unable to restore order and prevents
spinning over the territory of another the
1. Right to Existence and Self-Defense latter has the duty to intervene even by
Most comprehensive as all the rights of state armed force to restore order in the border
flow from it and to end the chaos.

Pua, Rochel April Page

 THE STATE IS DEEMED TO HAVE
Right of Sovereignty and Independence WAIVEDITSIMMUNITY:

Sovereignty When it gives consent at the time the

Totality of the powers, legal competence, proceeding is instituted;
and privileges arising from customary 2. When it takes steps relating to the merits
international law, and not dependent on the of the cases before invoking immunity;
consent of another state 3. When by treaty or contract it had
previously given consent
Independence 4. When by law or regulation in force at the
Means freedom from control by another state time complaint arose it has indicated
or group of states and not freedom from the that it will consent to the institution of
restrictions that are binding on all states forming the proceedings
the family of nations; carries with it by necessary
implication of the correlative duty if non- 5. Right to Territorial Integrity and
intervention Jurisdiction
Intervention The territory of a state usually consists of the
An act by which a state interferes with the terrestrial domain, maritime and fluvial domain
domestic or foreign affairs of another state and the aerial domain
through the employment of force or threat or
force which may be physical, political or 6. Right of Legation
economic It is the right of a state to maintain
diplomatic relations with other states. The right
WHEN INTERVENTION IS to send diplomatic representatives is known as
SANCTIONED: the active right of legation. The right to receive
diplomatic representatives is known as the
As an act of self-defense passive right of legation.
2. When decreed by the Security Council as
a preventive or enforcement action for the AGENTSOFDIPLOMATICINTERCOURSE
maintenance of international peace and
security Head of state
3. When such action is agreed upon in a Embodiment of and represents, the
treaty sovereignty of the state
4. When requested from fellow states or from Enjoys the right to special protection
the UN by the parties to a dispute or a for his physical safety and the
state beset by rebellion preservation of his honor and
reputation
DragoDoctrine His quarters, archives, property and
Intervention not allowed for the purpose means of transportation are inviolate
of making a state pay its public debts. Principle of Exterritoriality
2. Foreign Secretary or Minister
3. Right of Equality 3. Members of Diplomatic Service
Every state is entitled to the same protection 4. Special Diplomatic Agents
and respect as available to other states appointedbyHeadoftheState
under the rules of international law. 5. Envoys Ceremonial

DoctrineofStateImmunity FUNCTIONSOFDIPLOMATICMISSIONS
As a consequence of the independence,
territorial supremacy and equality, a state enjoys 1. Representing sending state in receiving
immunity from the exercise of jurisdiction state
(legislative, executive or judicial) by another 2. Protecting the interests of the receiving state
state, unless it has given consent, waived its sending state and its nationals
immunity, or voluntarily submitted to the 3. Negotiating with the receiving government
jurisdiction of the court concerned. state
4. Promoting friendly relations between
sending and receiving states and

Pua, Rochel April Page

 developing their economic, cultural and Immunities and privileges are also available to
scientific relations the members of the consular post their families
5. Ascertaining by all lawful means and their private staff
conditions and developments in receiving Waiver of immunities may be by the appointing
state and report thereon to government state
of sending state
6. In some cases, representing friendly Jeffrey Liang v. People
governments at their request
FACTS:
Aggregation Two criminal informations for grave oral
Process in appointment of diplomatic envoy defamation were filed by CABAL, a member of the
where states resort to an informal inquiry clerical staff of the Asian Development Bank
(enquiry) as to the acceptability of a particular against LIANG, a Chinese national who was
envoy, to which the receiving state responds with employed as an Economist by the said bank
an informal conformity (agreement). MTC of Mandaluyong City, acting pursuant to
an advice from the Department of Foreign Affairs
LetterofCredence that LIANG enjoyed immunity from legal
With the name, rank, and general processes, dismissed the case
character of his mission, and a request for On petition for certiorari and mandamus, the
favorable reception and full credence. RTC set aside the order of the MTC
Hence, this petition
LIANG argues for the diplomatic immunity of
the ADB, its officials and staff, from legal and
KINDSOFCONSULS judicial processes in the Philippines

MissiConsuls ELECTEDCONSULS ISSUE:

Professional or career Perform consular functions WON Liang can claim diplomatic immunity for
consuls who are required to only in addition to their complaints against for grave oral defamation
devote their full time to regular callings. HELD
discharge their duties NO, slander cannot be said to be covered by
Nationals of the sending May or may not be nationals of the immunity granted to ADB employees
state the sending state regarding acts performed by them in their official

Ranks RATIO
Nowhere in the assailed decision is diplomatic
1. Consul-general – heads immunity denied
several consular districts, or one However, the issue in this case is not really
exceptionally large consular about diplomatic immunity but whether or not the
district statements allegedly made by LIANG were uttered
Consul – takes charge of a small district or town while in the performance of his official functions,
or port in order for this case to fall squarely under the
3. Vice-consul - assists the consul provisions of Section 45 (a) of the 'Agreement
4. Consular agent – usually Between the Asian Development Bank and the
entrusted with the performance Government of the Republic of the Philippines
of certain functions by the Regarding the Headquarters of the Asian
consul Development Bank, namely: Officers and staff of
the Bank, including for the purpose of this Article
PRIVILEGES AND IMMUNITIES ACCORDED TO experts and consultants performing missions for
DIPLOMATICENVOY the Bank shall enjoy the following privileges and
1. Inviolability of their correspondence, archives (a) Immunity from legal process with
and other documents respect to acts performed by them in their official
2. Freedom of movement and travel capacity except when the Bank waives the
3. Immunity from jurisdiction for acts performed in immunity.
official capacity After careful consideration, the Court held that
Exemption from certain taxes and customs duties it had no cogent reason to disturb its Decision of
January 28, 2000. As the Court has stated therein,

Pua, Rochel April Page

 the slander of a person, by any stretch, cannot be ratified by a majority of the votes cast by the
considered as falling within the purview of the people in a national referendum held for that
immunity granted to ADB officers and personnel purpose, and (3) recognized as a treaty by the
other contracting State." Under this provision, it
Extraterritoriality the VFA a treaty? Yes, the phrase "recognized as
Applies only to persons and is based on treaty or a treaty means that the other contracting party
convention discredited because of rise of nationalism and accepts or acknowledges the agreement as a
sovereign equality of states treaty. US need not submit the VFA to the US
Senate for concurrence pursuant to its
Exterritoriality Constitution, because this is to accord too strict
Exception of persons and property from local a meaning to the phrase.
jurisdiction on the basis of international customs. It is inconsequential whether the US treats
the VFA merely as an executive agreement (EO)
because, under international law, an executive
TREATY agreement is as binding as a treaty. In
in international law, there is no difference
Treaty between treaties and executive orders in their binding effect

An international agreement concluded between upon states, as long as the negotiating

states in written form and governed by international law functionaries have remained within their
whether embodied in a single instrument or in two or powers. In any case, the records reveal that the
more related instruments. US Government, through Ambassador Hubbard,
(Article 2, Vienna Convention on the Law of Treaties, 1969) has stated that the US government has fully
committed to living up to the terms of the VFA.
REQUISITESOFAVALIDTREATY For as long as the US acknowledges the VFA as
a treaty, and binds itself further to comply with
Entered into by parties having treaty-making its obligations under the treaty, there is a
capacity. compliance with the mandate of the
2. Through their authorized organs or Constitution.
representatives. An EO is binding. Commissioner of Customs
Without attendance of duress, fraud, mistake, or vs. Eastern Sea Trading states that EOs are
other vices of consent. binding even without concurrence of the Senate
4. Lawful subject matter and object; and or Congress because 'the right of the Executive
5. Ratification in accordance with their respective to enter into binding agreements without the
constitutional processes. necessity of subsequent Congressional approval
has been confirmed by long usage…The validity
Case: Bayan v. Executive Secretary Zamora, of these has never been seriously
October 10, 2000 questioned by our courts.
Ratification is an executive act, undertaken by
Constitutionality of the VFA. the head of the state or of the government, as
Valid Treaty Despite Treatment As Ea Only the case may be, through which the formal
By The Other State. A treaty is defined under acceptance of the treaty is proclaimed. It is
Article 2 of the Vienna Convention on the Law equivalent to final acceptance. The consent to
of Treaties as "an international instrument" be bound is expressed by ratification when:
concluded between States in written form and the treaty provides for such ratification,
governed by international law, whether it is otherwise established that the
embodied in a single instrument or in 2 or more negotiating
related instruments, and whatever its particular States agreed that ratification should be
designation. required
Section 25, Article XVIII reads: "After the the representative of the State has signed
expiration in 1991 of the Agreement between the
the Republic of the Philippines and the United treaty subject to ratification, or
United States of America regarding Military Bases, the intention of the State to sign the
foreign military bases, troops, or facilities shall treaty subject to ratification appears from
not be allowed in the Philippines except (1) the full powers of its representative, or
under a treaty (2) duly concurred in by the was expressed during the negotiation.
Senate and, when the Congress so requires,

Pua, Rochel April Page

 The power to ratify is vested in the President Concordat
and not in the legislature. The role of the Senate A treaty or agreement between ecclesiastical and
is limited only to giving or withholding its civil powers to regulate the relations between the
consent, or concurrence, to the ratification. The church and the state in those matters which, in some
the role of the Senate in relation to treaties is Respect is under the jurisdiction of both.
essentially legislative in character.
President acted within the confines and limits of DOCTRINESINTREATIES
the powers vested in him by the Constitution.
Even if he erred in submitting the VFA to the PeremptoryNorms

Senate for concurrence under Section 21, A jus cogens or peremptory norm is a norm that
instead of Section 25, still, the President may States cannot derogate or deviate from in their
not be faulted or scarred, much less be agreements. It is a mandatory norm and stands on a
adjudged guilty of committing an abuse of higher category than a jus dispositivum norm which
discretion in some patent, gross, and capricious States can set aside or modify by agreement
manner.
A Fiduciary Theory of Jus Cogens– Evan J
Sir: issue: VFA-concurred in by our senate, but Criddles and Evan Fox Decent
not by the US senate.
SC: VFA is still binding on us/is still a binding Vinuya v. Executive Secretary
treaty because it is not our business to dwell Libellants and claimants of the Schooner Amistad,
into the domestic law of the other contracting 40 U.S. (15 Pet.) 518 (1841)
party; we are satisfied with the Senator ’s
pronouncement that the US will recognize it. Agreementsmustbekept
It simply means that treaties must be observed in
STEPSINTREATYMAKINGPROCESS good faith despite hardship on the contracting state,
such as conflicts between the treaty and its constitutions
1. Negotiation or prejudice to the national interest as a result of the
Discussion of the provisions of the proposed operation of the treaty.
treaty, undertaken by the representatives of the As a general rule, a party must comply with the
contracting parties who are provided with provisions of a treaty and cannot ignore or modify it
credentials known as full powers without the consent of the other signatory. Willful
powers. disregard or violation of treaties without just cause is
frowned upon by the society of nations.
2. Signature
Primarily intended as a means of ClauseRebusSicStantibus
authenticating the instrument and symbolizing
the good faith of the contracting parties. It applies only to treaties of indefinite duration.
2. The vital change claimed as justification for the
PracticeofAternat discontinuance of the treaty must have been
Arrangement under which each negotiator is unforeseen or unforeseeable and must not have
allowed to sign first on the copy of the treaty been caused by the party invoking the doctrine.
which he will bring home to his own country, the 3. The doctrine must be invoked within a reasonable time.
purpose being to preserve the formal time from the occurrence of the change asserted.
appearance of equality among the contracting 4. The doctrine cannot operate retroactively upon
states and to avoid delicate questions of the provisions of the treaty already executed prior
precedence among the signatories. to the change in circumstance. (Salonga and Yap,
310).
3. Ratification;
Act by which the state formally accepts the Case: Fisheries Jurisdiction Case –
provisions of the treaty concluded by its United Kingdom v. Iceland
representative. Iceland claims that its agreement with
the UK not to extend its fisheries
4. Exchange of instruments of ratification; jurisdiction was no longer binding due to
fundamental change of circumstances.
5. Registration with the UN
Held:

Pua, Rochel April Page

 For this to be a ground for invoking the
termination of treaty,
a it should have Nationality
resulted in a radical transformation of the Membership in a political community with all its
extent of the obligations still to be concomitant rights and obligations. It is the tie that binds
performed. The change must have the individual to his state from which he can claim
increased the burden of the obligations to protection and whose laws he is obliged to obey.
be executed to the extent of rendering the
performance something essentially DoctrineofEffectiveNationality
different from that originally undertaken. Expressed in Art. 5 of the Hague Convention of
This is not the case here, Iceland cannot 1930 on the Conflict of Nationality Laws that a
validly invoking the situation as it stands A person having more than one nationality shall be
claiming the termination of the treaty. treated as if he had only one – either the nationality
of the country in which he is habitually and
MostFavoredNationClause principally resident or the nationality of the country
Pledge made by a contracting party to a treaty to with which the circumstances he appears to be in
grant to other party treatment not less favorable than face most closely connected
that which had been given or may be granted to the
most favored among parties. Frivaldo v. Comelec, G.R. No. 897193, June
23, 1899
TerminationofTreaties
The Nottobohm Case is not relevant in the
1. Expiration of term; petition before us because it dealt with a
Accomplishment of purpose; conflict between the nationality laws of two
3. Impossibility of performance; states as decided by a third State. No third State
4. Loss of subject matter; is involved in the case at bar, in fact, even the
Desuetude US is not claiming Frivaldo as its national. The
• Desistance of parties by express mutual consent sole
or exercise of right of renunciation when The question presented to us is that WON Frivaldo is a
allowed citizen of the Philippines under our own laws,
6. Extinction of one of the parties, if the treaty is bipartite; regardless of other nationality laws. We can
7. Novation; decide this question alone as sovereign of our
Occurrence of vital change of circumstance; own territory, in accordance with Sec. 1 of the
9. Outbreak of war; and Hague Convention (1903) which provides: 'it is
10. Nullification of treaty because of: for each State to determine under its laws who
• Defects in constitution; are its
• Violation of its provision by one party; nationals.
• Incompatibility with international law;
11. Application of the doctrine of rebus sic stantibus; Statelessness
12. The doctrine of jus cogens (or the emergence of a Condition or status of an individual who is born
new preemptory norm of general international law without any nationality or who loses his nationality
which renders void any existing treaty without retaining or acquiring another.
conflicting with such norm.)
DeJureStatelessness
Is where there exists no recognized state in
ClosingProtocol respect of which the subject has a legally meritorious
An instrument which records the winding up of the basis to claim nationality,
proceedings of a diplomatic conference and usually
includes a reproduction of the texts of treaties DeFactoStatelessness
conventions, recommendations and other acts agreed Is where the subject may have a legally
upon and signed by the plenipotentiaries attending the meritorious claim but is precluded from asserting it
conference. It is not the treaty itself and does not require because of practical considerations such as cost,
the concurrence of the senate. (Tanada v. Angara, G.R. circumstances of civil disorder, or the fear of
No. 118295, May 2, 1997 persecution.

NATIONALITYANDSTATELESSNESS ALIENS

Pua, Rochel April Page

 upon, or, after the arbitration, fail to submit to the
Alien award. This qualification is known as the Porter
Is apersonin acountrywho is not acitizenof that resolution.
country.[
Refugee
TreatmentofAliens A person who, owing to well-founded fear of being
Flowing from its right to existence and as an attribute persecuted for reasons of race, religion, nationality,
of sovereignty, no state is under obligation to admit membership of a particular social group or political
aliens. The state can determine in what cases and under opinion, is outside the country of his nationality, and is
what conditions it may admit aliens. unable or owing to such fear, is unwilling to avail himself
of the protection of that country; or who, not having a
The state has the right to expel aliens from its territory. nationality and being outside the country of his former
territory through; habitual residence, is unable or owing to such fear, is
Deportation unwilling to return to it. (Convention Relating to the
Expulsion of an alien considered Status of Refugees, Art. 1 A(2)).
undesirable by the local state, usually but
not necessarily to his own state. Non-Refoulement
Prohibit the state from returning or expelling a refugee to
Renewal the territory where he escaped because his life or
Forcible conveying of aliens back to freedom is threatened. The state is under obligation to
their home state without any formalities. grant temporary asylum (Refugee Convention of
1951).
The alien must accept the institutions of local
states as he finds them. Asylum
A place of refuge, sanctuary, or shelter,
DoctrineofStateResponsibility especially an institution for the maintenance and
State may be held liable for injuries and damages care of people requiring special assistance.
sustained by the alien while in the territory of the state
provided RightofAsylum
1. The act or omission constitutes an international Refuge in another state
delinquency Every foreign State can be at least a
2. The act or omission is directly or indirectly provisional
imputable to the state; asylum for any individual, who, being persecuted
Injury to the claimant state indirectly because of in his home State, goes to another State. In the
damage to its national. absence of any international treaty stipulating
on the contrary, no state is, by international laws,
CalvoClause obliged to refuse admission into its territory to
It is a stipulation by virtue of which an alien such a fugitive or in case he has been admitted,
waives or restricts his right to appeal to his own state to expel him or deliver him up to the prosecuting
in connection with any claim arising from a contract state.
with a foreign state and limits himself to the remedies
available under the law of that state. The right of asylum is not a right possessed
by an alien to demand that a state protect him
DragoDoctrine and grant him asylum. At present, it is just a
In 1902, Great Britain, Italy and Germany privilege granted by a state to allow an alien
established a blockade against Venezuela in order to escaping from the persecution of his country for
enforce certain contractual and other claims against political reasons to remain and to grant him
it, leading Foreign Minister Drago of Argentina to asylum.
formulate the doctrine that 'a public debt cannot
give rise to the right of intervention.

This principle was later adopted in the Second DiplomaticAsylum

Hague Conference, but subject to the qualification Refugee in another state for political offense,
that the debtor state should not refuse or neglect to danger to life or no assurance of due process.
reply to an offer of arbitration, or, after accepting the
offer, prevent any compromise from being agreed Extradition

Pua, Rochel April Page

 The removal of an accused from the Philippines with respective requirements for the entry into force of
the object of placing him at the disposal of foreign the Treaty have been complied with. Petitioner
authorities to enable the requesting state or government contends that the provision of the Treaty giving
to hold him in connection with any criminal investigation retroactive effect to the extradition treaty amounts
directed against him or the execution of a penalty to an ex post facto law which violates Section 21 of
imposed on him under the penal or criminal law of the Article VI of the Constitution.
requesting state or government
(a)). ISSUE:
Can an extradition treaty be applied
InternationalExtraditionandInterstateRendition retroactively?

HELD:
Applying the constitutional principle, the Court
has held that the prohibition applies only to criminal
legislation which affects the substantial rights of the
accused. This being so, there is absolutely no
merit in petitioner's contention that the ruling of the
lower court sustaining the Treaty's retroactive
application with respect to offenses committed prior
GENERALPRINCIPLESINEXTRADITION to the Treaty's coming into force and effect, violates
the Constitutional prohibition against ex post facto
Basis: a treaty; based on consent of the parties laws. As the Court of Appeals correctly concluded,
the Treaty is neither a piece of criminal legislation
2. Principle of Specialty nor a criminal procedural statute. It merely provides
A fugitive who is extradited may be tried only for the extradition of persons wanted for
for the crime specified in the request for prosecution of an offense or a crime which offense
extradition and included in the list of offenses in the crime was already committed or consummated at
the treaty the time the treaty was ratified.

Non-List Type of Treaty Government of the USA v. Purganan Sept. 24, 200
Offenses punishable under the laws of both
states by imprisonment of one year or more are Jimenez contests arrest warrant issued against
included among the extraditable offenses. him ICOW an extradition request by the US.
Extradition; treaty. The ultimate purpose of
3. Any person may be extradited; he need not be a extradition proceedings is to determine whether the
citizen of the requesting State request expressed in the petition, supported by its
4. Political or religious offenders are generally not annexes & the evidence that may be adduced
subject to extradition during the hearing of the petition, complies with the
5. In the absence of special agreement, offense Extradition Treaty and Law; & whether the person
must have been committed within the territory or sought is extraditable. The proceedings are
against the interest of the demanding State intended merely to assist the requesting state in
6. In the absence of special agreement, offense bringing the accused —or the fugitive who has
must have been committed within the territory or illegally escaped —back to its territory, so that the
against the interest of the demanding State criminal process may proceed therein. By entering
into an extradition treaty, RP is deemed to have
Wright v. CA reposed its trust in the reliability or soundness of the
legal & judicial system of its treaty partner, as well as
FACTS: in the ability and the willingness of the latter to grant
Australia and the Government of the Philippines basic rights to the accused in the pending criminal
in the suppression of crime, entered into a Treaty of case therein.
Extradition on the 7th of March 1988. The said Extradition proceedings are not equivalent to a
treaty was ratified in accordance with the provisions criminal case in which guilt or innocence is
of Section 21, Article VII of the 1987 Constitution in determined. Consequently, an extradition case is
a Resolution adopted by the Senate on September not one in which the constitutional rights of the
10, 1990 and became effective 30 days after both accused are necessarily available. It is more akin, if
States notified each other in writing that the at all, to a court’s request to police authorities for

Pua, Rochel April Page

 the arrest of the accused who is at large or has convincing evidence.” If Munoz is not entitled to
escaped detention or jumped bail. such, the trial court should order the cancellation of
Having once escaped the jurisdiction of the his bail bond and his immediate detention; and
requesting state, the reasonable prima facie thereafter, conduct the extradition proceedings with
the presumption is that the person would dispatch.
escape again if given the opportunity. Potential Munoz was charged before the Hong Kong Court
extraditees do not have the right to a hearing for with three counts of the offense of 'accepting an
the issuance of a warrant of arrest nor the right to advantage as agent," in violation of sec. 9 (1) (a) of
bail granted by the RTC. the Prevention of Bribery Ordinance, Cap. 201 of
Hong Kong. He also faces seven counts of the
Principles on Extradition: offense of conspiracy to defraud, penalized by the
1. No state is obliged to extradite unless there is a common law of Hong Kong.
treaty Citing the various international treaties giving
Differences in the legal system can be an obstacle to recognition and protection of human rights, the
interpretation of what the crime is Court saw the need to reexamine its ruling in
3. Religious and political offenses are not Government of United States of America v. Judge
extraditable. Purgananwhich limited the exercise of the right to
bail to criminal proceedings.
> Procedure is normally through diplomatic It said that while our extradition law does not
channels (how extradition rules can be bypassed: US provide for the grant of bail to an extraditee, there is
v. Alvarez-Machain; how due process requirements no provision prohibiting him or her from filing a
work in an extradition case: Secretary of Justice v. motion for bail, a right under the Constitution.
Lantion; USA v. Purgana & Crespo. The time-honored principle of agreements must be kept

servandademands that the Philippines honor its

Case: Government of Hong Kong Special Administrative Region obligations under the Extradition Treaty….However,
V. Olalia, Jr. it does not necessarily mean that in keeping with its
treaty obligations, the Philippines should diminish a
Bail Can Be Granted to Potential Extraditee on potential extraditee’s rights to life, liberty, and due
Basis of Clear and Convincing Evidence process. More so, where these rights are
In its petition, Hong Kong sought the nullification guaranteed, not only by our Constitution, but also
of the Manila RTC ’s December 20, 2001 Order by international conventions, to which the
allowing Munoz to post bail, and April 10, 2002 Philippines is a party. We should not, therefore,
Order denying the motion to vacate the said Order deprive an extraditee of his right to apply for bail,
filed by the Government of Hong Kong Special provided that a certain standard for the grant is
Administrative Region represented by the satisfactorily met,” the Court said.
Philippine Department of Justice. Hong Kong RP, being a signatory to the 1996 UN General
alleged that both Orders were issued by the judge Assembly which adopted the International Covenant
with grave abuse of discretion amounting to lack of on Civil and Political Rights, is 'under obligation to'
excess of jurisdiction as there is no provision in the make available to every person under detention
Constitution granting bail to a potential such remedies which safeguard their fundamental
extraditee. right to liberty,” said the Court. The RP and Hong
A potential extraditee may be granted bail on the Kong signed an extradition treaty in 1995 which
basis of clear and convincing evidence that the became effective in 1997.
person is not a flight risk and will abide with all the The Court noted that Munoz had been detained.
orders and processes of the extradition court. from September 23, 1999 to December 20, 2001
Thus held the Supreme Court in dismissing the or for over two years without having been convicted
petition of the Government of Hong Kong Special of any crime.
Administrative Region to nullify two orders by a If bail can be granted in deportation cases, we
Manila Regional Trial Court (RTC) allowing a see no justification why it should not also be
potential extraditee to post bail. allowed in extradition cases. Likewise, considering
In a unanimous decision penned by Justice that the Universal Declaration of Human Rights
Angelina Sandoval-Gutierrez in Government of Hong applies to deportation cases, there is no reason why
Kong v. Judge Olalia, Jr. and Munoz (GR No. it cannot be invoked in extradition cases. After all,
153675), the Court also remanded to the Manila both are administrative proceedings where the
RTC, Branch 8 to determine whether Juan Antonio the innocence or guilt of the person detained is not in
Munoz is entitled to bail on the basis of 'clear and' issue,” the Court said.

Pua, Rochel April Page

 It further said that even if a potential extradite is o a third party does not merely provide the
a criminal, an extradition proceeding is not by its opportunity for the antagonists to
nature criminal, for it is not punishment for a crime, negotiate but also actively participates in
even though such punishment may follow their discussions in order to reconcile their
extradition. It added that "extradition is not a trial to" conflicting claims.
determine the guilt or innocence of potential o Offers a solution; good offices merely
extraditee. Nor is it a full-blown civil action, but one brings parties together
that is merely administrative in character.By Jay B.
Rempillo(SCwebsite) 5. Conciliation
o active participation of a third party, whose
SETTLEMENTOFINTERNATIONAL services are solicited by the disputants, in
DISPUTES the effort to settle the conflict; but the
conciliator ’s recommendations are not
InternationalDispute binding.
A dispute exists when one state claims that another 6. Arbitration
the state should behave in a certain manner and that claim is o the solution of a dispute by an impartial
rejected by the latter.” (Kelsen, 367) third party usually a tribunal created by
the parties themselves under a charter
Is an actual disagreement between states regarding known as a compromise
the conduct to be taken by one of them for the protection
or vindication of the interests of the other. 7. Judicial Settlement
o Similar to arbitration in nature of the
PACIFIC or AMICABLE METHODS OF SETTLING proceedings and in the binding character
DISPUTES of the award
o Judicial body is pre-existing
1. Negotiation o Jurisdiction in judicial settlement is usually
o is generally the first step taken in the compulsory, and the law applied by the
settlement of international disputes. It is judicial tribunal is independent of the will
nothing more than the discussion by the of the parties.
parties themselves of their respective o Judicial settlement of the international
claims and counterclaims with a view to disputes is now lodged in the ICJ
their just and orderly adjustment. International Court of Justice
o the process by which States settle their
differences through an exchange of views 8.Resort to International (regional)
between diplomatic agencies Organizations
o the parties may, of their own volition, or at
2. Enquiry the instance of the organization itself,
o the act by which the facts material to the assume the obligation of settling the
disputes are ascertained, established and dispute.
clarified by an impartial fact finding body
towards the adjustment or resolution of a HOSTILEMETHODS
dispute.
Where the pacific methods of settlement have
3. Tender of Good Offices failed, states sometimes find it necessary to resort to
o are a method by which a third party hostile methods, which may be severance of
attempts to bring the disputing states diplomatic relations retaliation reprisal or
together in order that they may be able to intervention.
discuss the issues in contention.
o This is usually employed when the Severance of Diplomatic Relations
protagonists are no longer 'on speaking'
terms", that is, when they have severed Retortion
diplomatic relations or have actually retaliation where acts complained of do
commenced hostilities. does not constitute legal ground for offense
but are rather in the nature of unfriendly
4. Mediation acts done in pursuance of a legitimate

Pua, Rochel April Page

 state interest but indirectly hurtful to it, leading Foreign Minister Drago of Argentina to
other states. formulate the doctrine that 'a public debt cannot
unfriendly, but lawful, coercive acts give rise to the right of intervention.
done in retaliation for unfair treatment
and acts of discrimination against another This principle was later adopted in the Second
state. Hague Conference, but subject to the qualification
for example, the imposition of high discriminatory that the debtor state should not refuse or neglect to
tariffs reply to an offer of arbitration, or, after accepting the
on goods coming from the other offer, prevent any compromise from being agreed
state. upon, or, after the arbitration, fail to submit to the
award. This qualification is known as the Porter
3. Reprisal resolution.
Unlawful acts taken by one state in
retaliation for reciprocal unlawful acts of
another state WAR
purpose: to bring the offending state to
terms TheLawofWar
these acts are essentially forcible and Armed contention between public authorities of states or
are taken only by strong states with other belligerent communities implying employment of
sufficient power to back up their force between parties for the purpose of imposing their
demands. respective demands upon each other.

The Philippine renounces war as an instrument of

FORMOFREPRISALS: national policy. (Art. 2 par. 2 of the 1987 Constitution)

Freezing of the assets of the nationals of the SANCTIONSOFTHELAWSOFWAR

other state
The commonly accepted sanctions of the laws of war are
2. Embargo the following:
o the forcible detention or sequestration of
the vessels and other property of the 1. Protest lodged by one belligerent, usually
offending state accompanied or followed by an appeal to the world
opinion, against the unlawful acts of war
3. Pacific Blockade committed by the other belligerent.
o the prevention of entry to or exit from the Reparation for damages caused by the defeated
ports of the offending state of means of belligerent.
communication and transportation Punishment of war criminals.

Note: this could be violative of the UN Reprisals are often mentioned as a fourth
Charter sanction, but it is doubtful if they can be
justified under the United Nations Charter
4. Non-Intercourse as they are essentially unlawful acts taken
o suspension of all intercourse with the by one state for the also illegal acts of the
offending state, particularly in matters of other belligerent.
trade and commerce
COMMENCEMENTOFWAR:
5. Boycott
o concerted suspension of commercial 1. with the declaration of war (Hague Convention of
relations with the offending state, with 1907
particular reference to a refusal to 2. with the rejection of an ultimatum (Hague
purchase goods. Convention
3. with the commission of an act of force regarded
DragoDoctrine by one of the belligerents as an act of war.
In 1902, Great Britain, Italy and Germany
established a blockade against Venezuela in order to TERMINATIONOFWAR:
enforce certain contractual and other claims against

Pua, Rochel April Page

 Simple cessation of utilities sequestered, subject to return or reimbursement
o
Usually, the principle of uti possidetis, with after the war in accordance with the treaty of
respect for property and territory peace.
possessed by the belligerents, is applied.
Conclusion of a negotiated treaty of peace Combatants
3. Unilateral declaration by the victor Those who engage directly or indirectly in the
o The defeat of one of the belligerents followed. hostilities
by a dictated treaty of peace, or
annexation of conquered territory COMBATANTSMAYBE:
o
LawofRestoration Non-privileged
o Like spies who, under false pretenses, try to
The right of Postliminium is the right by which obtain vital information from the enemy
persons or things taken by the enemy are restored to the ranks and who, when caught, are not
former state on coming actually into the power of the considered prisoners of war.
nation to which they belong.
2. Non-combatants
Jus Postliminium also signifies the reinstatement o Those who do not, such as women and
of the authority of the displaced government once control children
of the enemy is lost over the territory affected. Thus upon
the end of a belligerent occupation, the laws of the re- 3. Prisoners of War
established government are revived and all the illegal acts o any person captured or interned by a
of the belligerent occupant, as well as its lawful acts of a belligerent power during war. In the
political character, are invalidated. strictest sense it is applied only to
members of regularly organized armed
Postliminium is the revival or reversion to the old forces, but by broader definition it has also
laws and sovereignty of territory which has been under included guerrillas, civilians who take up
belligerent occupation once the belligerent occupation arms against an enemy openly, or
once control of the belligerent occupant is lost over the noncombatants associated with a military
affected territory. force.

eunitnoc uoym
yaos ,ssessopuoy A
s

Allows retention of property or territory in the

belligerent ’s actual possession at the time of the NEUTRALITY
cessation of hostilities.
Neutrality
EFFECTSOFTHEOUTBREAKOFWAR Is the condition of a state that does not take part,
directly or indirectly, in a war between other states.
The laws of peace cease to regulate the relations
of the belligerents and are superseded by the If recognized by the belligerents, this condition gives
laws of war; rise to rights and obligations between them and the
neutral state in their mutual relations.
2. Diplomatic and consular relations between the
belligerents are terminated, and their respective Neutralization
representatives are allowed to return to their Is the result of a treaty wherein the conditions of the
own countries; status are agreed upon by the neutralized state and the
3. Treaties of political nature, such as treaties of other signatories.
alliance, are automatically cancelled, but those
which are precisely intended to operate during NEUTRALITY NEUTRALIZATION
war, such as one regulating the conduct of Dependent on attitude Results of treaty
hostilities, are activated. of neutral state, which wherein duration and
is free to join either of the others conditions are
Enemy public property found in the territory of belligerents any time it agreed upon by
other belligerent at the outbreak of the hostilities seesfit neutralized state and
is, with certain exceptions, subject to otherstates
confiscation. Enemy private property may be Governed by the laws of Governed by

Pua, Rochel April Page

nations neutralization by Breach of Blockade
agreement
Obtainedonlyduringwar Intended to operate in o A vessel found guilty of a breach of
timesofpeaceandwar blockade is liable to condemnation.
Onlystatesmayapplytoportionsof
neutral theterritoryofthestate
e.g. islands, rivers & The cargo may also be confiscated unless
canals it is shown that at the time it was shipped
the owner neither knew nor could have
known of the intention to violate blockade.
DUTIESOFANEUTRALSTATE
Blockade
is a hostile operation by which the vessels
1. Abstention and aircraft of one belligerent prevent all others
vessels, including those of neutral states, from
o To abstain from taking part in the entering or leaving the ports or coasts of the
hostilities and from giving assistance to other belligerent, the purpose being to shut off
either belligerent the place from international commerce and
communication with other states.

2. Prevention 2. Carriage of Contrabands

o To prevent its territory from being used by

the belligerents in the conduct of Contraband
hostilities is the term applied to goods which, although
neutral property, may be seized by a belligerent
because they are useful for war and are bound
for a hostile destination
3. Acquiescence
KINDSOFCONTRABANDS:

o To acquiesce in certain restrictions and

limitations that the belligerents may find
necessary to impose, especially in Absolute Contraband
connection with international commerce
. necessarily useful for war under
all circumstances, like rifles and
RightofAngary ammunition.
Belligerent may upon payment of just compensation,
seize, use or destroy, in case of urgent necessity for
purposes of offense or defense neutral property found in
its territory, in enemy territory or on high seas 2. Conditional Contraband

RightofVisitation . has both civilian and military

This is the right of belligerent vessels and aircraft to uses, like food and clothing
intercept and inspect neutral merchant vessels on the
high seas for the purpose of determining if they are in any
way connected with the hostilities. FreeList
e.g. carrying contraband, attempting to breach a Which includes good useful for war
blockade, or engaged in unneutral service, in and bound for the enemy but exempted
favor of the other belligerent from confiscation for humanitarian
reasons. Among these are medicines for
PROHIBITEDACTSOFNEUTRALSTATES the use of the sick and wounded.

Pua, Rochel April Page

DoctrineofUltimateConsumption humanity and war crimes. The ICC is based on a treaty,
Goods intended for civilian use which may ultimately joined by 104 countries.
find their way to and be consumed by belligerent forces
may be seized on the way. The court is not part of the UN, but it maintains a
cooperative relationship with the UN. The court is based
DoctrineofUltimateDestination in The Hague, The Netherlands, although it may also sit
This is the doctrine evolved to counteract the elsewhere
subterfuge described above, and embodied in Article 37
of the unratified Declaration of London of 1909. The ICC is a court of last resort. It will not act if a case
is investigated or prosecuted by a national judicial system
Even if a vessel does make a stop at an intermediate unless the national proceedings are not genuine
neutral port, it is nevertheless considered under this
doctrine to be in one continuous voyage beginning from In all of its activities, the ICC observes the highest
the port of origin to the hostile destination and liable to standards of fairness and due process. The jurisdiction
capture during any part of this voyage. and functioning of the ICC are governed by the Rome
Statute

3. Performance of unneutral service RomeStatute

Established the International Criminal Court.
Philippines is not yet a party to the Statutes.
UnneutralService
consists of acts, of a more hostile character It was adopted at a diplomatic conference inRome
than carriage of contraband or breach of on 17 July 1998 and it entered into force on 1 July 2002.
blockade, which are undertaken by merchants As of October 2009,111 statesare party to the statute,
vessels of a neutral state in aid of either of the and a further 38 states have signed but not ratified the
belligerents treaty. Among other things, the statute establishes the
court's functions,jurisdictionandstructure
Prize
Refers to a thing captured at seas in time of war, such Philippine Mission to the UN through Charge d ’
as a neutral merchant vessel taken by a belligerent Affairs Enrique Manalo, signed the Rome Statute on
warship for engaging in hostile activities or resisting visit December 28, 2000, the same was however not signed by
and search, or because of reasonable suspicion that it is the President and submitted to the Senate for ratification.
liable to confiscation. Without ratification, the Philippines cannot be a party to
the statute. In fact Art 125(2) of the statue provides that it
PrizeCourt is subject to ratification, acceptance or approval by
It is a tribunal established by a belligerent under its signatory states. (Pimentel v. Office of the Executive
own laws, in its territory or in the territory of any of its Secretary, Gr. No. 158088, July 6, 2005
allies, for the purpose of determining the validity of
maritime captures.

TERMINATIONOFNEUTRALITY

When the state joins the war

2. Conclusion of a Treaty of Peace

InternationalCriminalCourt(ICC)
First permanent treaty based, international criminal
court established to promote the rule of law and ensure
that the gravest international crimes do not go
unpunished. (Art 1 Rome Statute)

Is an independent, permanent court that tries

persons accused of the most serious crimes of
international concern, namely genocide, crimes against

Pua, Rochel April Page

Pua, Rochel April Page