MINDANAO STATE UNIVERSITY

COLLEGE OF LAW

COURSE SYLLABUS : PUBLIC INTERNATIONAL LAW

A.Y. 2025-2026 (2 UNITS)

PROPESSOR : ATTY. CRISTINA ELAINE D. MANGROBANG, LL.M.

(Cruz, Public International Law; Nachura, Outline Reviewer in Political Law, Vol. II)

I. GENERAL CONCEPTS

A. Definition

Public International Law is that body of rules and principles which are recognized as binding
between States and other entities with international legal personality in their relations with
each other.

• It governs conduct in times of peace and war, regulates diplomatic and consular
relations, and determines the rights and duties of States in the international community.

B. Jus Gentium

• Roman origin: “Law of nations” – rules applied to relations between Romans and
foreigners, based on reason and common customs.
• Modern usage: Refers to International Law as the law common to all civilized
nations.

C. Distinguished from Private International Law

Aspect Public International Law Private International Law

Governs relations between States and Governs conflicts of laws involving
Nature
other international persons private individuals with a foreign element
States, international organizations,
Subjects Individuals, corporations
individuals (in certain contexts)
Treaties, customs, general principles
Sources Municipal law (conflict of laws rules)
of law, etc.
By States through diplomatic,
Enforcement By domestic courts applying conflict rules
economic, or coercive means

D. Basis of International Law

1. Natural Law Theory – Principles derived from reason and justice are binding on all
States regardless of consent.
2. Positivist Theory – Binding force comes from the consent of States, expressed through
treaties or customs.
3. Eclectic Theory (Modern View) – Combines natural law and positivism: law is
binding when generally accepted and practiced by States as law (opinio juris +
practice).
E. Relationship between International Law and Municipal Law

1. Monism – International law and municipal law form part of a single legal system;
international law is automatically applicable domestically.
2. Dualism – International and domestic laws are distinct; international law must be
transformed/adopted to be effective domestically.

Philippine View:

• Art. II, Sec. 2, 1987 Constitution adopts the doctrine of incorporation — generally
accepted principles of international law are part of the law of the land without need for
legislative enactment.
• However, treaties often require concurrence by the Senate and sometimes
implementing legislation.

Article 27, Vienna Convention on the Law of Treaties

“A party may not invoke the provisions of its internal law as justification for its failure to
perform a treaty.”

• Internal law cannot be used to justify breach of treaty obligations.

• This reflects the supremacy of treaty obligations in the international sphere.

F. Sources of International Law – Art. 38(1), ICJ Statute

1. International conventions/treaties – rules expressly agreed upon.

2. International custom – general practice accepted as law (opinio juris + state practice).
3. General principles of law recognized by civilized nations (e.g., good faith, estoppel).
4. Judicial decisions and teachings of highly qualified publicists – subsidiary means of
determining rules.

Equity as a General Principle – Art. 38(1)(c)

• Equity: application of fairness and justice when no precise legal rule applies.
• May be invoked in boundary disputes, resource sharing, etc.

Article 38(2), ICJ Statute

• The ICJ may decide ex aequo et bono (“according to what is fair and good”) if the
parties agree, even if such decision departs from strict legal rules.

Obligation Erga Omnes

• Obligations owed to the international community as a whole.

• Examples: prohibition of genocide, slavery, racial discrimination, aggression.
• Breach can be invoked by any State, not just directly injured ones.
Opinio Juris

• The belief by States that a certain practice is legally obligatory and not merely done
out of courtesy or habit.
• Together with consistent state practice, it forms customary international law.

Adoption Principle vs. Doctrine of Transformation

Principle Meaning PH Application

International law is deemed part Applies to generally accepted principles
Adoption
of domestic law without further of international law (Const., Art. II, Sec.
(Incorporation)
act 2)
International law must be
Often applies to treaties requiring
Transformation enacted into domestic law to be
legislative implementation
effective

Lex Posterior Derogat Priori

• “Later law repeals earlier law.”

• In international law, a later treaty between the same parties may supersede an earlier
treaty on the same subject, subject to the Vienna Convention rules.

G. Effect of UN Declarations, Security Council Resolutions, Soft Law

• UN General Assembly Resolutions: Generally non-binding but may influence the

development of customary international law.
• Security Council Resolutions: Binding on member States under Chapter VII of the
UN Charter when dealing with threats to peace, breaches of peace, or acts of aggression.
• Soft Law: Non-binding instruments (e.g., declarations, guidelines, codes of conduct)
that may influence State practice and evolve into binding norms over time.

II. SUBJECTS OF INTERNATIONAL LAW

A. Definition

Subjects of International Law are entities that possess international legal personality,
meaning they have rights and duties under international law and the capacity to act on the
international plane.
B. Distinguished from Objects of International Law

• Subject – the entity to whom rights and duties are attributed (e.g., States, international
organizations, in some cases individuals).
• Object – the thing over which rights are exercised or duties performed (e.g., territory,
resources).

C. Main Subjects

1. States

Definition (Montevideo Convention, 1933):

A State must have:

1. Permanent population
2. Defined territory
3. Government
4. Capacity to enter into relations with other States

The Vatican City and the Holy See

• Vatican City – a sovereign territorial State created by the Lateran Treaty (1929)
between the Holy See and Italy.
• Holy See – the central government of the Catholic Church, headed by the Pope;
recognized as a subject of international law distinct from Vatican City.
• The Holy See maintains diplomatic relations and enters into treaties (concordats).

Fundamental Rights of States (Cruz)

1. Right to existence and self-defense

2. Right to independence and equality
3. Right to jurisdiction over its territory and population
4. Right to legation (send/receive diplomatic representatives)
5. Right to conclude treaties
6. Right to honor and respect from other States

2. International Organizations

• Created by treaty or agreement between States; possess functional international

personality (limited to the purposes in their constitutive instruments).
• Examples: UN, ASEAN, EU, OAS.

United Nations & the UN Charter

• Established 24 October 1945.

• Purposes (Art. 1, UN Charter): maintain peace, promote friendly relations, achieve
cooperation in solving problems, harmonize actions of nations.
Principal Organs of the UN

1. General Assembly – deliberative organ; 1 State = 1 vote.

2. Security Council – maintains peace and security; 15 members (5 permanent with veto:
US, UK, France, Russia, China).
3. Economic and Social Council (ECOSOC) – coordinates economic, social,
humanitarian work.
4. Trusteeship Council – supervises trust territories (inactive since 1994).
5. International Court of Justice (ICJ) – judicial organ of the UN.
6. Secretariat – administrative arm, headed by the Secretary-General.

3. Individuals

• Traditionally not considered subjects, but modern developments (human rights law,
international criminal law) give individuals direct rights and obligations.

International Human Rights Law – Core Treaties

1. Universal Declaration of Human Rights (UDHR) – non-binding declaration (1948)

but has influenced customary law.
2. International Covenant on Civil and Political Rights (ICCPR) – binding treaty
protecting civil/political rights (e.g., right to life, liberty, fair trial).
3. International Covenant on Economic, Social and Cultural Rights (ICESCR) –
binding treaty protecting economic, social, and cultural rights (e.g., right to work,
education, health).

4. Others Recognized in Certain Contexts

• National liberation movements (recognized in the context of self-determination).

• Belligerents and insurgents (recognized under humanitarian law in armed conflict
situations).
• International non-governmental organizations (limited recognition for specific
purposes).

Bar Drill Qs – Quick Recall

1. Q: What are the four qualifications of a State under the Montevideo Convention?
A: Permanent population, defined territory, government, capacity to enter into relations
with other States.
2. Q: Is the Holy See a State?
A: No, it is not a State but is a recognized subject of international law distinct from
the Vatican City, possessing full treaty-making capacity.
3. Q: Give two differences between a subject and an object of international law.
A: Subject has rights/duties and capacity to act; object is the thing over which those
rights/duties are exercised.
4. Q: Name the 5 permanent members of the UN Security Council.
A: US, UK, France, Russia, China.
 III. TERRITORY OF STATES AND THE LAW OF THE SEA

A. Sovereignty over Land Territory

Sovereignty – The supreme authority of the State over its territory and people, free from
outside interference.

1. Modes of Acquisition

a. Original modes – territory acquired by discovery/occupation of land not under Sovereignty

of another State.
b. Derivative modes – territory acquired from another State.

Specific modes (Cruz/Nachura):

1. Occupation – appropriation of terra nullius with intent to acquire and effective display
of authority.
2. Prescription – peaceful and continuous exercise of sovereignty over territory for a long
period, with acquiescence of the former sovereign.
3. Cession – transfer of territory by treaty, purchase, or other agreement.
4. Accretion – natural or artificial addition to a State’s territory (e.g., river deposits,
reclamation).
5. Conquest – acquisition through force; outlawed by the UN Charter except in self-
defense or under Security Council authorization.

2. Extent of Land Territory

Includes:

• Land within political boundaries

• Subjacent submarine areas
• Airspace above land territory
• Subsurface and subsoil
• Internal waters

B. Sovereignty over Maritime Domain

1. National Territory – Art. I, 1987 Philippine Constitution

The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of terrestrial, fluvial, and aerial domains, including the territorial sea,
seabed, subsoil, insular shelves, and other submarine areas.

2. R.A. 9522 – Baselines Law

• Aligns Philippine baselines with UNCLOS.

• Uses straight archipelagic baselines method, joining outermost points of outermost
islands.
 • Adjusted to comply with ITLOS ruling in the Bangladesh/Myanmar case analogies and
in relation to the Kalayaan Island Group and Scarborough Shoal (treated as a “regime
of islands”).

3. Law of the Sea (UNCLOS, 1982) & ITLOS

Baselines – reference lines from which maritime zones are measured.

Maritime Zones under UNCLOS:

Zone Breadth from Baseline Sovereign Rights

Full sovereignty; foreign vessels have no
Internal Waters Landward side of baseline
right of innocent passage
Archipelagic Waters enclosed by straight Sovereignty subject to archipelagic sea
Waters archipelagic baselines lanes passage
Full sovereignty; subject to innocent
Territorial Sea Up to 12 nm
passage by foreign ships
Control to prevent/punish infringement of
Contiguous Zone 12–24 nm
customs, fiscal, immigration, sanitary laws
Sovereign rights for
Exclusive
exploration/exploitation of natural
Economic Zone 12–200 nm
resources; other States enjoy navigation,
(EEZ)
overflight
Seabed/subsoil up to 200 nm
Continental or beyond to edge of Exclusive right to explore/exploit natural
Shelf continental margin (max 350 resources of seabed/subsoil
nm)

4. Archipelagic Doctrine

• Islands and waters are a single unit; waters around, between, and connecting the islands,
irrespective of breadth/depth, form part of internal waters.
• Recognized in UNCLOS, with archipelagic sea lanes passage as a limitation.

5. Archipelagic Sea Lanes Passage

• Allows continuous and expeditious passage through designated sea lanes and air routes
in archipelagic waters.

6. Regime of Islands

• An island generates the same maritime zones as mainland territory, if it can sustain
human habitation or economic life; otherwise, it generates only a 12 nm territorial sea.

Bar Tip: Spratly Islands (Kalayaan Island Group) and Scarborough Shoal are subject to
“regime of islands” under UNCLOS, not archipelagic waters.
Bar Drill Qs – Quick Recall

1. Q: What are the five recognized modes of acquiring territory?

A: Occupation, prescription, cession, accretion, conquest (now generally prohibited).
2. Q: How many nautical miles is the EEZ from the baseline?
A: Up to 200 nautical miles.
3. Q: What is the archipelagic doctrine and where is it found in Philippine law?
A: The principle that islands and waters form one unit; embodied in Art. I, 1987
Constitution and R.A. 9522.
4. Q: What rights does a State have over its contiguous zone?
A: Control to prevent/punish infringements of customs, fiscal, immigration, and
sanitary laws within its territory or territorial sea.

IV. THE LAW OF TREATIES

Definition: An international agreement concluded between States in written form and

governed by international law (Art. 2(1)(a), VCLT 1969).

Essentials of Validity:

1. Capacity of parties (sovereign States, in certain cases international organizations)

2. Proper subject matter (must be within powers of the State, not prohibited by
international law)
3. Consent freely given (no coercion, corruption, or fraud)
4. Form – written, unless custom allows otherwise
5. Compliance with constitutional requirements (Philippines: Senate concurrence,
sometimes enabling legislation)

Treaty-Making Capacity:

• Inherent in sovereign States

• May also be possessed by international organizations if within their constitutive
instruments

Treaty-Making Process (Philippines):

1. Negotiation – usually by Department of Foreign Affairs

2. Signing – authenticates the text
3. Ratification – President ratifies with Senate concurrence (Art. VII, Sec. 21, 1987
Const.)
4. Exchange of instruments of ratification
5. Publication & implementation – may require legislation if not self-executing

Self-executing vs. Non-self-executing treaties:

• Self-executing – judicially enforceable without legislation

• Non-self-executing – require enabling law before they can be applied by courts
Key Principles:

• Pacta Sunt Servanda – Treaties must be observed in good faith (Art. 26, VCLT)
• Rebus Sic Stantibus – Fundamental change of circumstances may justify termination
(Art. 62, VCLT)
• Effect of Territorial Change – Treaty obligations generally continue unless the treaty
specifies otherwise
• Interpretation – Ordinary meaning, context, and object & purpose (Arts. 31–33,
VCLT)
• Termination – By consent, denunciation, material breach, impossibility of
performance, or fundamental change of circumstances

Bar Drill Qs:

1. Distinguish self-executing from non-self-executing treaties.

2. What is the constitutional process for treaty ratification in the Philippines?
3. When can the doctrine of rebus sic stantibus be invoked?

V. JURISDICTION OF STATES

Jurisdiction – authority of a State to prescribe, enforce, and adjudicate laws.

Bases of Jurisdiction:

1. Territoriality Principle – Laws apply within territorial limits.

2. Nationality Principle – Laws apply to nationals even abroad.
3. Protective Principle – Jurisdiction over acts abroad threatening national security.
4. Universality Principle – Jurisdiction over universally condemned crimes (e.g., piracy,
genocide).
5. Passive Personality Principle – Jurisdiction based on nationality of the victim.

Doctrine of Sovereign Immunity:

• States and their agencies are immune from suit without consent (Republic v.
Sandiganbayan).
• Restrictive theory – immunity applies to governmental acts (jure imperii), not
commercial acts (jure gestionis).

Act of State Doctrine:

• Courts of one State will not sit in judgment on acts of another State done within its
territory.

Doctrine of State Responsibility:

• States are responsible for acts/omissions in violation of international obligations

imputable to them.
• Enforcement may be by diplomatic protection, countermeasures, or international
claims.
 VI. DIPLOMATIC IMMUNITY & CONSULAR LAW

Vienna Convention on Diplomatic Relations (1961):

• Privileges & Immunities: inviolability of premises, archives; immunity from criminal

jurisdiction; exemption from taxes/duties.
• Right of Legation: Right to send/receive diplomatic representatives.

Vienna Convention on Consular Relations (1963):

• Consular Functions: protecting nationals, issuing passports/visas, assisting nationals

in distress.
• Privileges: functional immunity (only for acts in exercise of consular functions),
limited inviolability.

Other Treaties:

• Convention on the Privileges and Immunities of the UN (1946)

• Convention on the Privileges and Immunities of Specialized Agencies (1947)

VII. TREATIES/CONVENTIONS (SELECTED)

Focus on:

• Vienna Convention on Diplomatic Relations (1961)

• Vienna Convention on Consular Relations (1963)
• 1951 Refugee Convention & 1967 Protocol

VIII. PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES

Methods: Negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort

to regional agencies, UN action (Art. 33, UN Charter).
ICJ Jurisdiction: contentious cases (binding) and advisory opinions (non-binding).

IX. TREATMENT OF ALIENS

Standards:

• National treatment – same as nationals

• Most-favored nation treatment – same as best treatment given to any foreigner
• Minimum international standard – basic rights recognized by international law

X. WAR & NEUTRALITY

• War – outlawed except in self-defense or under UN authorization.

• Neutrality – Status of non-participation; rights/duties under Hague Conventions.
XI. INTERNATIONAL CRIMINAL COURT

• Created by Rome Statute (1998).

• Jurisdiction over genocide, crimes against humanity, war crimes, crime of aggression.
• Complementarity principle – ICC acts only when national courts are unwilling/unable.

XII. INTERNATIONAL HUMANITARIAN LAW

• Principles: Proportionality, necessity, humanity, command responsibility,

complementarity.
• Categories of conflicts: International armed conflicts, non-international, wars of
national liberation.
• Treatment of civilians & POWs: Geneva Conventions (1949) and Additional
Protocols.
• Philippine Law: R.A. 9851.

XIII. INTERNATIONAL ENVIRONMENTAL LAW

• Principle 21, Stockholm Declaration – States have sovereign right to exploit

resources but responsibility to ensure activities do not harm other States/environment.
• Precautionary Principle – Lack of full scientific certainty is not a reason to postpone
measures to prevent environmental harm.