XVI.

PUBLIC INTERNATIONAL LAW

PUBLIC INTERNATIONAL LAW
Law that deals with the conduct of States and international organizations, their relations with
each other and, in certain circumstances, their relations with persons, natural or juridical.
International Lawbody of principles, norms and processes which regulates he relations of
States and other international persons, and governs their conduct affecting
the interests of the international community of States as a whole.
This concept manifests in the codification of jus cogens or peremptory norms as part of
positive international law.
The Vienna Convention on the Law of Treaties specifies jus cogens norms as a ground for
nullification or termination of treaties. For this purpose, article 53 of the Convention defines a jus
cogens norm, thus:
a peremptory norm of general international law is a norm accepted and recognized by
the international community of States as a whole as a norm from which no derogation is
permitted and which can be modified only by a subsequent norm of general international law
having the same character.
Basis of International Law
1. Law of Nature Schoolbased on rules of conduct discoverable by every individual in his
own conscience and through application of right reasons.
2. Positivist Schoolagreement of sovereign states to be bound by it (express in conventional
law, implied in customary law, and presumed in general principles)
3. Eclectic or Groatian Schoola compromise between the first 2 schools and submits that
international law is binding partly because it is good and right and partly because states
agreed to be bound by it.
Functions of International Law:
1. Promote international peace and security;
2. Foster friendly relations among nations and discourage use of force I the resolution of
difference among them;
3. Provide for orderly regulation of conduct of states in their mutual dealings; and
4. Ensure international cooperation in pursuit of certain common purposes of economic, social,
cultural or humanitarian character.
Basic norms or principles of international law:
1. States shall refrain in their international relations from the threat or use of force against the
territorial integrity or political independence of any State, or any other manner inconsistent with
the purposes of the UN.
2. States shall settle their international disputes by peaceful means in such a manner that
international peace and security and justice are not endangered.
3. The duty of States not to intervene in matters within the domestic jurisdiction of any State.
4. The duty of States to cooperate with one another.
5. The principle of equal rights and self-determination of peoples.
6. The principle of sovereign equality of States.
7. States shall fulfill in good faith the obligations assumed by them.
Sources of International Law

a. International treaties and conventions, whether general or particular, establishing rules

expressly recognized by the contesting States;
Vienna Convention on the Law of Treaties, Hague Convention
Treaty
Elements:
1. International agreement
2. States
3. Written
4. Governed by international law
Making: General rule: Full powers needed
Exceptions: 1. Heads of states/governments
2. Foreign affairs
3. Heads of diplomatic missions-limited
4. Representatives to international conferenceslimited
(Note: Subsequent confirmation of acts of representatives without full powers
validates action on behalf of state)
Adoption: General rule: if bilateral or few states, all must concur
Exception: international conference (2/3)
Exception to the Exception: if 2/2 provide different rule
b. International customs, as evidence of a general practice accepted as law;
Elements of International Custom:
1. General practice, characterized by uniformity and consistency;
Prevailing practice by a # of states, repeated over a considerable period of time
2. Opinio juris sive necessitatis, or recognition of that practice as legally binding.
Doctrine of state immunity, prohibition against slavery, principle of exterritoriality
Instant Customa binding customary rule established by the spontaneous activity of a great
number of states and need not be observed for a considerable period.
e.g. application of self-defense in invading Afghanistan after 911
c. The general principles of law recognized by civilian nations;
Derived from law of nature and are observed by the majority of states because they are
believed to be good and just.
d. Judicial decisions and the teachings and writings of the most highly qualified publicists of the
various nations and advisory opinions of the ICJ, as subsidiary means for the determination of
rules of law.
e. EquityArticle 38 (2) provides that the ICJ may decide cases ex a quo et bono (by what is
fair and good)
Sources of law refer to norms derived from international conventions or treaties, custom, and
general principles of law. The distinctive character of these norms is that they are created, or
they acquire binding effect, through the methods pointed out above.
Formal Sources
consists of the methods and procedures
for the creation of norms;
may refer to customary norms

Material Sources
are the substantive evidence of the
existence of norms;
may refer to judicial decisions and the

works of highly qualified publicists or

jurists, which embody norms of
international law
Principles which determine the order of precedence in the application of rules or norms
of International Law:
1. Lex superior derogate inferiorirules from one source of law prevail over those derived from
another source.
2. Lex posterior derogate priorilater rules prevail over the earlier.
3. Lex specialis derogate generaliparticular rules prevail over the general.
International Law
Law of coordination
regulates relation of states and other
international persons
derived
principally
from
treaties,
international customs and general principles of
law
resolved thru state-to-state transactions
collective responsibility because it attaches
directly to the state and not to its nationals

Municipal Law
Law of subordination (issued by political
superior)
regulates relations of individuals among
themselves or with their own states
consists mainly of statutory enactments, and
to a lesser extent executive orders and judicial
pronouncements
redressed thru local administrative and
judicial processes
breach
of
which
entails
individual
responsibility

Rules in case of conflict between IL and ML:

Efforts should first be exerted to harmonize them, so as to give effect to both since it is to be
presumed that municipal law was enacted with proper regard for the generally accepted
principles of international law in observance of the Incorporation Clause in Section 2, Article II of
the Constitution.
If a local court is deciding:
If conflict is with the Constitution, the latter prevails. Sec. 5(2a), Article VIII of the Constitution
provides that the SC has the power to declare a treaty or executive agreement unconstitutional.
If conflict is with a statute, IL should be given equal standing with, but not superior to, national
legislative enactments.
If a n international tribunal is deciding:
International law is superior to municipal law, because international law provides the
standard by which to determine the legality of a States conduct. By the doctrine of pacta sunt
servanda, a state may not invoke its internal law to avoid a treaty obligation.
Relation of IL to ML: (2 Views)
1. MonistIL is the same as ML
2. Dualistthey are disctinct from each other by purpose. IL becomes part of ML by
incorporation or transformation.
INCORPORATION CLAUSESection 2, Article II of the ConstitutionThe Philippine
renounces war as an instrument of national policy, adopts the generally accepted principles
of international law as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.

Under the doctrine of incorporation, rules of international law form part of the law of the land
and no further legislative action is needed to make such rules applicable in
the domestic sphere.
How is it applied by local courts?
The doctrine is applied whenever municipal tribunals (or local courts) are confronted
with situations in which there appears to be a conflict between a rule of international law and the
provisions of the Constitution or statute of the local state. Efforts should first be exerted to
harmonize them, so as to give effect to both since it is to be presumed that municipal law was
enacted with proper regard for the generally accepted principles of international law in
observance of the Incorporation Clause in Section 2, Article II of the
Constitution. In a situation, however, where the conflict is irreconcilable and a choice has to be
made between a rule of international law and municipal law, jurisprudence dictates that
municipal law should be upheld by the municipal courts for the reason that
such courts are organs of municipal law and are accordingly bound by it in all circumstances.
The fact that international law has been made part of the law of the land
does not pertain to or imply the primacy of international law over national or municipal law in the
municipal sphere. The doctrine of incorporation, as applied in most countries, superior to,
national legislative enactments. Accordingly, the principle of lex posterior derogate priori takes
effecta treaty may repeal a statute and a statute may repeal a treaty. In states where the
Constitution is the highest law of the land, such as the Republic of the Philippines, both statutes
and treaties may be invalidated if they are in
conflict with the Constitution. (Secretary of Justice vs. Hon. Ralph Lantion, G.R. No.
139465, January 18, 2000)
The incorporation clause assumes the existence of international law which binds the
Philippines as a State. It thus becomes a method by which the Philippines can carry out its
obligations under international law within its territorial jurisdiction.
It creates legal rights and obligations within Philippine territory and regulates the conduct of
government official and organs as well as the relations of individual citizens with each other and
with the government. Questions of international law may be submitted to Philippine courts for
decision. The outcome of litigation, however, does not
affect the binding nature of international law in the relation of the Philippines with other
States and other international persons.
Judicial notice dispenses with the burden of proving generally accepted principles of
international law. Theoretically at least, its cumulative effect as combined with the incorporation
clause is to require no proof at all for the application of generally accepted principles of
international law to become operative as Philippine law in a case before a Philippine court. In
short, it is as good as statutory law in terms of probative value.
Identified Parts of Domestic Law as Derived from Generally Accepted Principles
of International Law:
1. Rules and principles of land warfare and of humanitarian law under Hague and Geneva
Conventions
2. Pacta sunt servanda
3. Human rights
4. A foreign army allowed to march through a friendly country or to be stationed in it, by
permission of its government or sovereign, is exempt from the civil and criminal jurisdiction of
the place
5. Judicial acts not of a political complexion of a de facto government established by the military
occupant in an enemy territory is valid under international law

6. Private property seized and used by the enemy in times of war under circumstances not
constituting valid requisition does not become enemy property and its private ownership is
retained, the enemy having acquired only its temporary use
7. The State has the right to protect itself and its revenues, a right not limited to its own territory
but extending to the high seas
8. Principle of restrictive sovereign immunity
9. Principle in diplomatic law that the receiving state has the special duty to protect the premises
of the diplomatic mission of the sending State
10.The right of a citizen to return to his country
Holy See vs. del Rosario, the Court has declared in an obiter dictum that even without
affirmation in the incorporation clause of the Constitution, such principles of international law
are deemed as part of the law of the land as a condition and consequence of our admission in
the society of nations, under the doctrine of incorporation. And upon admission in the
international society, the state is automatically
obligated to comply with these principles.
DOCTRINE OF TRANSFORMATIONrequires the enactment by the legislative body of such
international law principles as are sought to be part of municipal law.
In the case of Laguna Lake Development Authority vs. CA, 231, SCRA 292, it was held that
Section 6, Article II of the Constitution was taken from the Universal Declaration of Human
Rights and the Alma Conference Declaration of 1978 recognizing
health as a fundamental human right. Thus, the authority of the LLDA to issue a cease
and desist order to prevent pollution of Marilao River was upheld on the basis of the principle
of necessary implication.
Provisions of the Constitution which concern International Law
1. Article INational Territory
2. Article II, Section 2Incorporation Clause
3. Article II, Section 4defense of state
4. Article II, Section 7independent foreign policy
5. Article II, Section 8freedom from nuclear weapons
6. Article III, Section 6liberty of abode
7. Article IVCitizenship
9. Article VII, Section 21treaty
10.Article VIII, Section 5cases affecting ambassadors
11.Article XII, Section 2ownership of lands and exploration of resources
12.Article XVIII, Section 4treaties
13.Article XVIII, Section 25foreign military troops
Subject of International Lawis an entity with capacity of possessing international rights and
duties and of bringing international claims. This entity is said to be an international person or
one having an international personality, on the basis of customary or general international law. It
includes:
1. State;
2. Colonies and dependenciesthey are considered as part and parcel of the parent state,
through which all its external relations are transacted with other states;

3. Territories under international control or supervisionthese are non-selfgoverning territories

which have been placed under international supervision to insure their political, economic, social
and educational advancement;
Mandatesformer territorial possessions of states defeated in World War I and placed under
the control of the League of Nations.
Trust territoriessome of the mandates that were placed under the Trusteeship Council of the
UN
Condominiumis a territory jointly administered by two states.
4. Belligerent communitiesgroup of rebels under an organized civil government who have
taken up arms against the legitimate government. When recognized, considered as a separate
state for purposes of conflict and entitled to all the rights and subjected to all the obligations of a
full-pledged belligerent under the laws of war;
5. International administrative bodiescreated by agreement among states may be vested with
international personality when two conditions concur:
a. Their purposes are mainly non-political;
b. They are autonomous and not subject to the control of any state.
6. The United Nations(See discussion below);
7. The Vatican City and the Holy See
The Holy See has all the constituent elements of Statehood. It has all the rights of a state,
including diplomatic intercourse, immunity from foreign jurisdiction, etc. The Vatican was
constituted as a territory under the Sovereignty of Holy See.
In the case of Holy See vs. del Rosario, 238 SCRA 524, the SC distinguished Vatican City
from Holy See wherein the latter is an international person with which the Philippines had
diplomatic ties since 1957.
8. Individuals, to a certain extentthey have also been granted a certain degree of international
personality under a number of international agreements:
a. UN Charter provision on faith in fundamental human rights, dignity and worth of the human
person, and in the equal rights of men and women;
b. Universal Declaration of Human Rights provision on the inherent dignity and the equal
and inalienable rights of all members of the human family;
c. Some treatiesTreaty of Versailles which confer on individuals the right to bring suit against
States before national or international tribunals;
d. The need of States to maintain international standard of justice in the treatment of aliens;
e. The Genocide Convention which condemns the mass extermination of national, ethnic,
racial or religious groups;
f. The 1930 Hague Convention with its rules to prevent the anomalous condition of
statelessness and the 1954 Covenant Relating to the Status of Stateless Persons, which
grants stateless individuals certain basic rights; and
g. The 1950 European Convention on Human Rights and fundamental Freedoms, which
grants private associations and individuals the right to file complaints before the European Court
on Human Rights.

If an entity is not a subject of international law as such, it may still assume certain
characteristics of international personality but in a special or restricted context such as
that defined by agreement, recognition or acquiescence.
An individual may be a subject of international law (independently of his State, an
individual may be tried for terrorism (Bin Laden), war crimes. The Rome Statute has created a
permanent international criminal court.
May individuals assume the status of subjects of international law?
Yes, but on the basis of agreement or in specific context, and not in accordance with
general or customary international law. Government of Hong Kong Special Administrative
Region vs. Hon. Olalia, Jr. G.R. No. 153675, April 19, 2007 (See Atty. Sandovals 2008
handouts in International Law, page 1)
Are international organizations considered subjects of international law?
Yes, their status is determined by agreement and not by general or customary international
law. The criteria of a legal personality have to be met.
1. A permanent association of states, with lawful subjects, equipped with organs;
2. A distinction, in term of legal powers and purposes, between the organization and its member
states;
3. The existence of legal powers exercisable on the international plane and not solely within the
national systems of one or more states.
STATEa community of persons, more or less numerous, permanently occupying a definite
portion of territory, independent of external control, and possessing a government to which a
great body of inhabitants render habitual obedience. (CIR vs. Campos Rueda, 42 SCRA 23)
It is a group of people living together in a fixed territory, organized for political ends under an
independent government, and capable of entering into international relations with other states.
Basic Criteria for Statehood (elements):
1. Permanent population;
Peoplea group of individuals, of both sexes, living together as a community. They must be
sufficient in number to maintain and perpetuate themselves.
2. Defined territorya fixed portion of the earths surface occupied by the inhabitants;
3. Governmentmust be organized, exercising control over and capable of maintaining law and
order within the territory; and
4. Capacity to enter into relations with other Statesrefers to independence, that is, freedom
from outside control in the conduct of its foreign (and internal) affairs, which many highly
qualified publicists consider as the decisive criterion of statehood.
5. Civilization other suggested/additional
6. Recognition elements
Creation of State:
1. By revolution;
2. Unification;
3. Secession;
4. Assertion of independence;
5. Agreement; and
6. Attainment of civilization.
Extinction of States:
1. By extinction or emigration en masse of its population;
2. Loss of territory; and

3. Overthrow of government resulting in anarchy.

Principle of State Continuityas long as the elements of the State are present, the State
shall continue in existence.
S uccession of States: May be Universal or Partial
Consequences:
1. Political laws are abrogated
2. Municipal laws remain in force
3. Treaties are discontinued, except those dealing with local rights and duties, such as those
establishing easements and servitudes;
4. All rights of the predecessor state are inherited, but successor state can assume and reject
liabilities at its discretion
Succession of Governments:
The integrity of the State is not affected. The State continues as the same international
person except that its lawful representative is changed.
Consequences:
1. All rights of the predecessor government are inherited by the successor;
2. Where the new government was organized by virtue of constitutional reform duly ratified in a
plebiscite, all obligations of the predecessor are likewise assumed; however,
3. Where the new government is established through violence, the new government may
lawfully reject purely personal or political obligations of the predecessor, but not those
obligations contracted by it in the ordinary course of official business.
Classes of States:
A. INDEPENDENThas freedom to direct and control foreign relations without
restraint from others states. It may be:
a. Simplesingle central government with power over internal and external affairs.
b. Composite2 or more sovereign states joined together to constitute one international
person which may be:
i. Real Union2 or more states merged under a unified authority so that they form a single
international person through which they act as one entity. The states retain their separate
identities, but their respective international personalities are extinguished and blended in the
new international person.
ii. Federal Unioncombination of 2 or more states which, upon merger, ceased to be states,
resulting in the creation of new state with full international personality to represent them in their
external relations as well as a certain degree of power over their domestic affairs and their
inhabitants.
Authority over internal affairs: divided between federal authorities and the member-states;
Authority over external affairs: handled solely by federal authorities.
B. DEPENDENTalthough theoretically a state, does not have full freedom in the direction of
its external affairs, such as a protectorate (which is established at the request of the weaker
state for the protection by a strong power, e.g. Panama, Andorra, Monaco) or a suzerainty
(which is the result of a concession from a state to a former colony that is allowed to be
independent subject to the retention by the former sovereign of certain powers over the external
affairs of the latter, e.g. Bulgaria and Rumania, both suzerainties of Sultan of Turkey by virtue of
Treaty of Berlin of 1878)

C. NEUTRALIZEDwhose independence and integrity are guaranteed by an international

treaty on the condition that such state obligates itself never to take up arms against other state
(except in self-defense), or to enter into an international obligation as would indirectly involved it
in war. e.g. Switzerland and Austria
Who has the power to recognize a State or Government?
The Executive Head has the power to recognize, as political act, a State or Government and
the recognition is permanent and cannot be withdrawn.
Fundamental rights of States in International Law:
1. Right to sovereignty and independence;
2. Right to property and jurisdiction;
3. Right to existence and self-preservation/self-defenseSec. 4, Article II of Phil. Constitution &
Article 51, UN Charterrecognize the inherent right to individual or collective selfdefense if an
armed attack occurs against such state;
4. Right to equality; and
5. Right to diplomatic intercourse.
Fundamental Duties of States in International Law:
1. Non-intervention;
2. Observe rights of other states;
3. Comply with treaty stipulations and other obligations arising from membership in international
organizations;
4. Maintain peace; and
5. Respect the international laws.
INTERVENTION
It is the dictatorial interference by one State in the internal affairs of another State, or in dealings
with other States, usually backed up by force or threat of force. The kind of interference must be
dictatorial. A State may not interfere unless it has force. Intervention is not allowed in
International Law. However, it must be distinguished from mere intercession, such as the tender
of advice or the filing of diplomatic protest, which is not prohibited.
Instances of Justified Intervention:
1. Intervention as an act of individual or collective self-defense;
2. Intervention by treaty stipulation or by invitation;
3. Intervention by UN authorization;
4. Intervention on humanitarian grounds (which according to authorities in international law, has
now evolved into an international custom).
DRAGO DOCTRINEit prohibits intervention for the purpose of collecting contractual debts. It
was formulated by Argentinian Foreign Minister Luis Drago as a reaction to what happened in
Venezuela in 1902 where the ports of Venezuela were blockaded by the combined naval fleets
of Germany, Italy, and Great Britain (the super powers of the time) to compel the Venezuelan
government to pay its contractual debts.
State Sovereigntyis the right to exercise in a definite portion of the globe the functions of a
State to the exclusion of any other State.
Sovereignty in relations between States signifies independence. Independence in regard to a
portion of the globe is the right to exercise therein, to the exclusion of any other State, the
functions of a State. (Judge Huber, the Sole Arbitrator in the Island of Las Palmas Case)

Widely accepted elements of Sovereign Equality of States Principle

1. States are juridically equal;
2. Each State shall enjoy the rights inherent in full sovereignty;
3. Each State has the duty to respect the personality of other States;
4. The territorial integrity and political independence of the State are inviolable;
5. Each State has the right freely to choose and develop its political, social, economical and
cultural systems; and
6. Each State has the duty to comply fully and in good faith with its international obligations and
to live in peace with other States.
RecognitionThe act by which the state acknowledges the existence of another state, a
government or a belligerent community, and indicates its willingness to deal with the entity as
such under international law.
Theories on Recognition:
1. Constitutive (Minority View)recognition is the act which constitutes the entity to an
international person. Recognition is compulsory and legal; it may be compelled once the
elements of a state are established.
2. Declarative (Majority View)recognition merely affirms an existing fact, like the possession
by the State of the essential elements. It is discretionary and political.
Basic Rules on Recognition:
It is a political act and mainly a matter of policy on the part of each State; it is discretionary
on the part of the recognizing authority; and it is exercised by the political (executive)
department of the state. Thus, the legality and wisdom of recognition is not
subject to judicial review.
Tobar or Wilson Doctrine(must show stable government and people support)the doctrine
precludes recognition of government established by revolutionary means until
the constitutional reorganization by the free election of representatives.
Estrada Doctrineit provides that if a state will deal with representatives of the government in
actual control of another country for the protection of its citizens in the territory of the later state,
this does not necessarily mean recognition of the said government.
Stimson Doctrineno recognition of a government established through external aggression.
Kinds of Recognition:
1. De Facto(of fact) extended by the recognizing state which believes that some of the
requirements for recognition are absent. The recognition is generally provisional and limited to
certain juridical relations; it does not bring about full diplomatic intercourse and does not give
title to assets of the state held/situated abroad.
2. De Jure(of Law) extended to a government fulfilling the requirements for recognition. When
there is no specific indication, recognition is generally de jure. The recognition is relatively
permanent; bring about full diplomatic intercourse and observance of diplomatic immunities; and
confers title to assets abroad.
Effects of Recognition:
1. Diplomatic relations;
2. Right to sue in the courts of recognizing state;

In the case of Banco Nacional de Cuba vs. Sabattino, 376 US 398, unfriendly relations or the
lack of reciprocity was held immaterial.
3. Immunity from jurisdiction;
4. Entitlement to property within the recognizing state; and
5. Retroactive validation of the acts of the recognized sate/government.
Conditions for recognition of a belligerent state:
1. Organized civil government having control and supervision over the armed struggle
2. Serious and widespread struggle
3. Occupation of a substantial portion of the national territory
4. Willingness on the part of the rebels to observe rules/customs of war
Absence of any of the above conditions, there is no belligerency but only state of insurgency,
which is rarely recognized, because this will be intervention in the domestic affairs of another
state.
Effects of Recognition of Belligerency:
1. Responsibility for acts of rebels resulting in injury to nationals of the recognizing state shall be
shifted to the rebel government;
2. The legitimate government recognizing the rebels shall observe the laws of war in conducting
hostilities otherwise any party that will violate the laws of war shall be considered as war
criminals;
3. Third states recognizing the belligerency shall maintain neutrality; and
4. Recognition is only provisional (for the duration of the armed struggle) and only for the
purpose of hostilities.
Jurisdiction of Statesit is the power, authority, sovereignty or legal control exercised
by a state over land, persons, property, transactions, and events in its territory.
1. As a conceptit is the capacity to:
a. Legislate or to prescribe laws/rules
b. Enforce laws/rules
2. As powerit is exercised over:
a. Persons
b. Property
c. Events
Jurisdiction over Territory
i. Title to Territory
Island of Palmas Case (Netherlands vs. USA, 2 RIAA 829) test of title in international law is
continuous and peaceful display of territorial sovereignty; forms of acquisition of title are:
a. Occupation coupled with effectiveness
b. Conquest
c. Cession; and
d. Accretion
Title is not sufficient without the first element of display of State functions
ii. Airspace (flight space)
Paris Convention, October 13, 1919State with exclusive sovereignty
Convention on International Civil Aviationsprohibits entry of state aircraft without authorization
by special agreement
Tokyo Convention of 1963for extradition purposes, a crime, may be considered as having
been committed in the State of registry of the Aircraft; but jurisdiction by another Contracting
State may be had if the offense:

a. Has an effect on its territory;

b. Has been committed by or against its national or a permanent resident therein;
c. Is against its national security;
d. Relates to a breach of its national rules on flight;
e. Is the subject of an exercise of jurisdiction necessary to ensure the observance
of an obligation of such state under a multilateral agreement
iii. Internal and Territorial Waters
Fisheries caseStraight Baseline allowed and delimitation of territorial waters
Corfu Channel Caseinnocent passage in international straits allowed
Jurisdiction over Adjacent Maritime Seas
i. Continental shelf
North Sea Continental shelf Caseswhat confers title ipso jure to continental shelf is the
fact that the submarine areas concerned may be deemed to be actually part of the territory of
the coastal state in the sense that, although covered with water, they are a prolongation or
continuation of that territory.
ii. Exclusive Economic Zone
Fisheries Jurisdiction caseexclusive rights over fishery zone must take into account
interests of other States (See discussion under UNCLOS below)
Jurisdiction over Persons and Economic Activity
Theories:
1. Nationalitycivil law follows national wherever he/she may be;
2. Passive Personalitypunish aliens abroad who injures ones citizen;
3. Security Principlepunish aliens for acts against States security, independence and
territorial integrity;
4. Universalitye.g. piracy, crimes against humanity, etc.
5. Objective Territorialityelements of crime occurred in 2 states
Areas not subject to the Jurisdiction of Individual States
1. High Seas
2. Deep Seabed
3. Outer Spacethe region beyond the earths atmosphere
Province of all mankindnot subject to national appropriation; no nuclear weapons in orbit;
astronauts are envoys of mankind and State shall obliged to render assistance to them in
emergency landing; there is international responsibility for national activities in outer space;
absolute liability for damage caused by space objects.
Outer space, including the moon and other celestial bodies, shall be free for exploration
and use by all states without discrimination of any kind, on the basis of equality and in
accordance with international law.
Spatial test96 up to 110 kms.
Modes of Acquiring Territory
(See page 7 of this review notes)
Modes of Losing Territory

1. Dereliction
2. Cession
3. Erosion, or other natural causes
4. prescription

Doctrine of State Responsibility to AliensState has the primary obligation to afford

protection to aliens. A state is responsible for injury inflicted upon an alien if caused by
an act or omission imputable to the state, in violation of international standard of justice.
Indirect State Responsibilitywhere the offense is committed by inferior government
officials or by private individuals, the state will be held liable only if, by reason of its indifference
in preventing or punishing it, it can be considered to have connived in effecting its commission.
International Standard of Justice(Elements of due process under ordinary norms of official
conduct) To constitute an international delinquency, the treatment of an alien should amount to
an outrage, bad faith, willful neglect of duty, and insufficiency of governmental action that every
reasonable and impartial man would readily recognize its insufficiency.
The Philippines is not liable for death or injury to alien hostages of the abu sayyaf, unless it
is shown to have participated directly or was remiss or negligent in taking measures to prevent
injury, investigating the case, punishing the guilty, or to enable the victim or his heirs to pursue
civil remedies.
In case of injuries inflicted upon foreigner in the course of quelling a rebellion, state
responsibility will attach only if rebellion succeeds and the rebels will take control of the state,
but not when the legitimate government remains in power as the act of quelling a rebellion is a
valid exercise of defense. State liability will attach only if it fails to observe the minimum
international standard for the protection of aliens.
Calvo doctrineprovision frequently inserted in contracts where nationals of another state
renounce any claim upon his national state for protection. Such waiver can only be made,
legally, by aliens state.
Right of the State to admit and expel aliens
No state is under obligation to admit aliens
State imposes conditions on the admission of aliens
State can expel aliens from its territorydeportation/reconduction
Alien must accept the institutions of the State as he finds them
Aliens may be deprived of certain rights
Local law may grant aliens certain rights, privileges based on
a. Reciprocity
b. Most-favored-nation treatment
c. National treatment
Privileges conferred may be revoked
Deportationexpulsion of an alien considered undesirable by local state, usually but
not necessarily, to his own state.
Reconductionforcible conveying of aliens back to their home state without any formalities
ASYLUM in International Law

The right of asylum is the competence of every State inferred from its territorial supremacy
to allow a prosecuted alien to enter and to remain on its territory, under its protection, and
thereby to grant asylum to him.
The right of asylum is not a right possessed by an alien to demand that a State protect him
and grant him asylum. At present, it is just a privilege granted by a State to allow an alien
escaping from the persecution of his country for political reasons.
Diplomatic asylumrefuge in diplomatic premises
Political asylumrefuge in another state for political offenses, danger to life or no assurance of
due process
Who is a Refugee?
A refugee is a person who is outside the country of his nationality, or if he has no nationality, the
country of his former habitual residence, because he has or had well-founded fear of
persecution by reason of his race, religion, nationality or political opinion and is unable or,
because of such fear, is unwilling to avail himself of the protection of
the government of the country of his nationality, or, if he has no nationality, to return to
the country of his former habitual residence.
To be considered a refugee, the person:
1. Is outside the country of his nationality, or, in the case of stateless persons, outside the
country of habitual residence;
2. Lacks national protection; and
3. Fears persecution by reason of his race, religion, nationality or political opinion.
Because of the 2nd element, a refugee is considered a stateless person. Only a person who
is granted asylum by another State can apply for refugee status; thus, the refugee treaties imply
the principle of asylum.
Non-Refoulement PrincipleArticle 33 of The Convention Relating to the Status of Refugees
provides that no contracting State shall expel or return (refouler) a refugee, in
any manner whatsoever, to the frontiers of territories where his life or freedom would be
threatened.
This principle was declared to be a generally accepted principle by The Convention
Relating to the Status of Stateless Persons.
Most-Favored-Nation Clausea pledge by a contracting party to a treaty to grant to the other
party treatment not less favorable than that which has been or may be granted
to the most favored among other countries. The clause has been commonly included
in treaties of commercial nature.
Purpose: To grant to the contracting party treatment not less favorable than that which has been
or may be granted to the most favored among other countries. The most favored nation clause
is intended to establish the principle of equality of international treatment by providing that the
citizens or subjects of the contracting nations may enjoy the privileges accorded by either party
to those of the most favored nation. (CIR vs. S. C. Johnson & Sons, Inc., 309 SCRA 87, June
25, 1999)
2 Types of Most-Favored-Nation Clause:
1. Conditional

2. Unconditional
According to the clause in its unconditional form, any advantage of whatever kind which has
been or may in future be granted by either of the contracting parties to a third
State shall simultaneously and unconditionally be extended to the other under the same
or equivalent conditions as those under which it has been granted to the third State.

A. Concepts
The body of legal rules, which apply between sovereign states and such other entities as have
been granted international personality.

1. Obligations erga omnes

In international law, it has been used as a legal term describing obligations owed by states
towards the community of states as a whole. An ergaomnes obligation exists because of the
universal and undeniable interest in the perpetuation of critical rights (and the prevention of their
breach). Consequently, any state has the right to complain of a breach. Examples of ergaomnes
norms include piracy, genocide, slavery, torture, and racial discrimination. The concept was
recognized in the International Court of Justice's decision in the Barcelona Traction case, where it
said:
"(A)n essential distinction should be drawn between the obligations of a State towards the
International community as a whole, and those arising vis-a-vis another State In the field of
diplomatic protection. By their very nature the former are the concern of all States. In view of the
Importance of the rights Involved, all States can be held to have a legal Interest In their protection;
they are obligations ergaomnes. Such obligations derive, for example. In contemporary
International law, from the outlawing of acts of aggression, and of genocide, as also from the
principles and rules concerning the basic rights of the human person, Including protection from
slavery and racial discrimination. Some of the corresponding rights of protection have entered Into
the body of general international law...; others are conferred by International Instruments of a
universal or quasi universal character."

2. Jus cogens
JUS COGENSa (peremptory) norm which States cannot derogate or deviate from in their
agreements. It is therefore a mandatory norm and stands on a higher category than a jus
dispositivum norm which states can set aside or modify by agreement.
-

A rule which has the status of a peremptory norm of international law.

General Rule: Parties cannot enter into a treaty contrary to jus cogens or norms recognized and
accepted by international community; non-derogable
Examples: unlawful use of force, commission of a criminal act, trade in slaves, piracy, genocide,
human rights violations, equality of states, and self-determinations
Elements:
1. a norm accepted and recognized
2. by the int'l community of States as a whole

3. as a norm from which no derogation is permitted.

4. It can only be modified by a subsequent norm having the same character.
If a treaty, at the time of its conclusion, conflicts with jus cogens, it is void.

3. Concept of ex aequo et bono

This is the basis for a decision by an international tribunal on the grounds of justice and fairness
- equity overrides all other rules of law.

B. International and national law

International Law the law that deals with the conduct of states and international organizations,
their relations with each other and , in certain circumstances, their relations with persons, natural or
juridical.

C. Sources
Primary:
i. Treaties- the general rule is that the treaty to be considered a direct source of international law, it
must be concluded by sizable number of states and thus reflect the will or at least the consensus
of the family of nations.
ii. Custom- a practice which has grown up between states and has come to be accepted as
binding by the mere fact of persistent usage over a long period of time. Custom is distinguished
from usage in that the latter while also a long established way of doing things by states, is not
coupled with the conviction that it is obligatory and right.
iii. General Principles of Law- mostly derived from the law of nature and are observed by the
majority of states because they are believed to be good and just (e.g. prescription, estoppel,
consent, res judicata and pactasuntservanda).
Secondary Sources:
i. Decisions of international tribunals
ii. Writings and teachings of the most highly qualified publicists

D. Subjects
Entity that has rights and responsibilities under international law and having the capacity to
maintain its rights by bringing international claims, includes:
1. States
2. colonies and dependencies
3. Mandates and trust territories
4. Belligerent communities
5. International administrative bodies
6. The United Nations
7. The Vatican and the Holy See

8. Individuals, to a certain extent

1. States
A state is a group of people, living together in a fixed territory, organized for political ends under
an independent government, and capable of entering into international relations with other states.
Elements:
1. People
2. Territory
3. Government
4. Independence or sovereignty
Other suggested elements
5. civilization
6. recognition
Classification
1. Independent
a. Simple
b. Composite
i. Real union two or more states merged under a unified authority so that they form a
single international person through which they act as one entity
ii. Federal union combination of two or more states resulting in the creation of anew state
with full international personality
2. Dependent

2. International organizations
Certain administrative bodies created by agreement among states may be vested with
international personality, provided that their purposes are mainly non-political and are autonomous
and not subject to control by any state, e.g. ILO, FAO, WHO.

3. Individuals
Although traditionally, individuals have been considered merely as objects, not subjects, of
international law, they have also been granted a certain degree of international personality under a
number of international agreements.

E. Diplomatic and consular law

RIGHT OF LEGATION
- Right of diplomatic intercourse
- Right of the State to send and receive diplomatic missions, which enables States to carry on
friendly intercourse
- Not a natural or inherent right, but exists only on common consent
- no legal liability is incurred for refusing
- Governed by the Vienna Convention on diplomatic Relations

AGENTS OF DIPLOMATIC INTERCOURSE

1 head of state
- embodiment of, and represents, the sovereignty of the State
- enjoys the right to special protection for his physical safety and the preservation of his honor
and reputation
- his quarters archives, property and means of transportation are inviolate (principle of
extraterritoriality
2. foreign secretary or minister;
3. member of diplomatic service
4. special diplomatic agents appointed by head of state
5. envoys ceremonial
DIPLOMATIC CORPS
- a body consisting of all diplomatic envoys accredited to the same local or receiving state
- the doyen or the head of this body is the papal nuncio, if teher is one, or the oldest ambassador,
or in the absence, the oldest minister plenipotentiary
APPONTMENT OF ENVOYS
In the Philippines, it is the President who appoints (Sec. 16, Art. VII Philippine Constitution), sends
and instructs the diplomatic and consular representatives,a nd his prerogatives to determine the
assignment of the countrys diplomatic representatives cannot be questioned (De Perio-Santos v.
Macaraig, G.R. no. 94070, April 10, 1992)
FUNCTIONS OF DIPLOMATIC MISSIONS (RPN-PAR)
1. representing sending state in receiving state
2. protecting in receiving state interests of sending state and its nationals
3. negotiating with government of receiving state
4. promoting friendly relations between sending and receiving states and developing their
economic, cultural and scientific relations
5. ascertaining by all lawful means conditions and developments in receiving state and
reportingtehreon to government of sending state; and
6. In some cases, representing friendly governmentas at their requests
AGREATION process in appointment of diplomatic envoy where states resort to an informal
inquiry (enquiry) as to the acceptability of a particular envoy, to which the erceiving state responds
with an informal conformity (agreement)
LETRE DE CREANCE (Letter of Credence) with the name, rank and general character of his
mission, and a request for favorable reception and full credence.
PRIVILEGES AND IMMUNITIES ACCORDED TO DIPLOMATIC ENVOY (PC-LISTO)
1 Inviolability of premises and archives
2 Right of official communications
3 Exemption from local jurisdiction
4 Personal inviolability
5 Exemption from subpoena
6 Exemption from taxation and custom duties
7 Other privileges
- Freedom of movement and travel in its territory
- exemption from all personal services and military obligation

Use of flag and emblem o fteh sending state on the diplomatic premises and the
residence and means of transport of the head of the mission.

WAIVER OF IMMUNITIES
- diplomatic priveleges can be waived, but the waiver cannot be made by the individual concerned
since such immunities are not personal to him
- Waiver may be made only by the government of the sending state if it concerns the immunities of
the head of mission
- in other cases, the waiver may be made either by the government or by the chief of mission
- Waiver of this privilege does not include waiver of the immunity in respect of the execution of
judgment; a separate waiver for the latter is necessary
DURATION OF IMMUNITIES
- Enjoyed by the envoy from the moment he enters the territory of the receiving state, nd shall
cease only the moment he leaves the country
- With respect to official acts, immunity shal continue indefinitely
- Privilege are available even in transit, when traveling through a third State on the way to or from
the receiving state
TERMINATION OF DIPLOMATIC MISSION (DR-REWARD)
1. Death
2. Resignation
3. Removal
4. Extinction of the state
5. War between the receiving and sending states
6. abolition of office
7. Recall
8. Dismissal
CONSULS state agenst residing abroad for various purposes but mainly in the interest of
commerce and navigation and not in political matters
- issuance of visa (permit to visit his country) and such as are designed to protect nationals of the
appointing state
Kinds of Consuls
Consules Missi
Professional or career consuls who are
required to devote their full time to discharge
their duties
Nationals of the sending state

Consules Electi
Perform consular functions only in addition to their
regular callings
May or not be nationals of the sending state

Ranks:
1. consul-general heads several consular districts, or one exceptionally large consular district
2. consul takes charge of a small district or town or port
3. vice-consul assists the consul
4. consular agent usually entrusted with the performance of certain functions by the consul
Duties (PPOIS)
1. Protection of the interests of the sending state and its national in the receiving state
2. Promotion of the commercial, economic, cultural and scientific relations of the sending and
receiving states

3. Observation of conditions and developments in the receiving state and report thereof to the
sending state
4. Issuance of passports and other travel documents to nationals of the sending state and visas or
appropriate documents to persons wishing to travel to the sending state
5. Supervision and inspection of vessels and aircraft of the sending state
Appointment two or more documents are necessary before the assumption of consular functions,
namely:
1. Letter patent (letter de provision) letter of appointment or commission which is transmitted by
the sending state to the Secretary of Foreign Affairs of the country where the consul is to serve; and
2. Exequatur the authorization given to the consul by the sovereign of the receiving state,
allowing him to exercise his function within the territory
Immunities and Privileges (CMJT)
1. Inviolability of their correspondence, archives and other documents
2. Freedom of movement and travel
3. Immunity from jurisdiction for acts performed in official capacity
4. Exemption from certain taxes and customs duties
- Immunities and privileges are also available to the members of the consular post, their families
and their private staff
- Waiver of immunities may be made by the appointing state
Termination of Consular Mission (WEWU)
1. withdrawal of the exequatur
2. extinction of the state
3. war
4. usual ways of terminating official relationship
- Severance of consular relations does not necessarily terminate diplomatic relations
EXTERITORRIALITY exception of persons and property from local jurisdiction on basis of
international customs
- If the acts giving rise to a suit are those of a foreign government done by its foreign agent,
although not necessarily a diplomatic personage, but acting in his official capacity, the complaint
could be barred by the immunity of the foreign sovereign from suit without its consent (Municher vs.
CA, G.R. No. 142396, February 11, 2003).
EXTRATERRITORIALITY applies only to persons and is based on treaty or convention;
discredited because of rise of nationalism and sovereign equality of states

F. Treaties
Treaty a formal agreement, usually but not necessarily in writing, which is entered into by
states or entities possessing the treaty-making capacity, for the purpose of regulating their mutual
relations under the law of nations.
An international agreement concluded between states in written form and governed by
international law whether embodied in a single instrument or in two or more related instruments.
(Art. 2, Vienna Convention on the Law of reaties, 1969)
REQUISITES (PAW-LR)
1. Entered into by parties having treaty-making capacity;
2. Through their authorized organs or representatives

3. Without attendance of duress, fraud, mistake or other vices of consent

4. Lawful subject matter and object
5. Ratification in accordance with their respective constitutional processes
EFFECT OF UNWRITTEN TREATY (LMR)
1. has legal force
2. convention rules on matters governed by international law independently of convention shall
apply
3. convention rules apply to the relations of states as between themselves under international
agreement with other subjects as parties
STEPS IN THE TREATY MAKING PROCESS
1. Negotiation
Discussion of the provisions of the proposed treaty, undertaken by the representatives of the
contracting parties who are provided with credentials known as full powers or pleins pouvoirs
2. Signature
Primarily intended as a means of authenticating the instrument and symbolizing the good faith
of the contracting parties
Practice of Alternat
Arrangement under which each negotiator is allowed to sign first on the copy of the treaty which
he will bring home to his own country, the purpose being to preserve the formal appearance of
equality among the contracting states and to avoid delicate questions of precedence among the
signatories
3. Ratification
Act by which the state formally accepts the provisions of a treaty concluded by its
representative
4. Exchange of instruments of ratification
5. Registration with UN
Doctrine of Unequal Treaties treaties which have been imposed through coercion or duress by a
State of unequal character are void
Accession also known as adhesion, this is the process by which a non-signatory state becomes a
party to a treaty
Reservation a unilateral statement, made by a state when signing, ratifying, accepting, approving
or acceding to a treaty, whereby it purports to exclude or modify the legal effect of certain provisions
of the treaty in their application to the state
Concordat a treaty or agreement between ecclesiastical and civil powers to regulate the relations
between the church and the state in those matters which, in some respect are under the jurisdiction
of both
BINDING EFFECTS OF TREATY
General Rule: Only contracting parties are bound

1. Original signatories
2. Other states allowed, by terms of the treaty, to sign it later (accession)
Pacta Tertiis Nec Nocent Nec Prosunt a State is not bound to act in accordance with a treaty if it
is not a party to a treaty, except if that treaty codifies customary international law
Exceptions: (EVEN)
1. treaty merely an expression of customary international law
2. by virtue of the most favored nation clause
3. treaty expressly extends its benefits to non-signatories
4. treaty is necessary for the maintenance of international peace
MOST FAVORED NATION CLAUSE pledge made by a contracting party to a treaty to grant to
other party treatment not less favorable than that which had been given or may be granted to the
most favored among parties
OBSERVANCE OF TREATIES
General Rule: Pacta Sunt Servanda every treaty in force is binding upon the parties to it and
must be performed by them in good faith (Art. 26, Vienna Convention on the Law of Treates).
Exception: Rebus Sic Stantibus legal principle which would justify non-performance of treaty
obligations where an unforeseen or substantial changes occur which would render one of the
parties thereto unable to undertake treaty obligations as stipulated teherin. This doctrine does not
operate automatically (Santos III v. Northwest Orient Airlines, G.R. no. 101538, june 23, 1992).
Theer is a necessity for a formal act of rejection usually by the Head of State, with the statement of
the reasons why compliance with the treay is no longer required.
Requisites (SUCIDOR)
1. the change must be so substantial that the foundation of the treaty must have altogether
disappeared
2. The change must have been unforeseen or unforeseeable at the time of the perfection of the
treaty
3. The change must not have been caused by the party invoking the doctrine
4. The doctrine must be invoked within a reasonable time
5. The duration of the treaty must be indefinite
6. The doctrine cannot operate retroactively, i.e., it must not adversely affect provisions which have
already been complied with prior to the vital change in the situation
AMENDMENT/MODIFICATION OF A TREATY
General Rule: The consent of all the parties is required
Exception: If allowed by the treaty itself, two Satets may modify a provision only insofar as they are
concerned
TERMINATION OF TREATY (TAIL-DEN-VOV-RJ):
1. expiration of term
2. accomplishment of purpose
3. impossibility of performance
4. loss of subject matter

5. desuetude
- desistance of parties by express mutual consent or exercise of right of renunciation when
allowed
6. extinction of one of parties, if treaty is bipartite;
7. novation
8. occurrence of vital change of circumstance
9. outbreak of war
10. voidance of treaty because of:
- defects in constitution
- violation of its provision by one party
- incompatibility with international law
11. application of the doctrine of rebus sic stantibus
12. the doctrine of jus cogens (or the emergence of anew peremptory norm of general international
law which renders void any existing treaty conflicting with such norm)
PROTOCOL DE CLOTURE an instrument which records the winding up of the proceedings of a
diplomatic conference and usually includes a reproduction of the texts of treaties, conventions,
recommendations and other acts agreed upon and signed by the plenipotentiaries attending the
conference. It is not the treaty itself and does not require the concurrence of the Senate (Tanada v.
Angara, G.R. No. 118295, May 2, 1997)
Treaty
Executive Agreement
Basic political issues; changes of national policiesAdjustment of details carrying out established
national policies
Permanent international agreements
Temporary arrangements
VALIDITY OF THE VFA
- Joint RP-US military exercises for the purpose of developing the capability to resist an armed
attack fall squarely under the provisions of the RP-US Mutual Defense Treaty. The VFA, which is
the instrument agreed upon to provide for the joint RP-US military exercises, is simply an
implementing agreement to the main RP-US Military Defense Treaty. Accordingly, as an
implementing agreement of the RP-US Mutual Defense Treaty, it was not necessary to submit the
VFA to the US Senate for advice and consent, but merely to the US congress under the CaseZablocki Act within 60 days of its ratification it is for this reason that the US has certified that it
recognizes the VFA as a binding international agreement (Simbolon v. Romulo G.R. No. 175888,
February 11, 2009).
- the provision of Art. XVIII, Sec. 25 of the Constitution, is complied with by virtue of the fact that the
presence of the US Armed Forces through the VFA is a presence allowed under the RP-US
Mutual Defense Treaty. Since the RP-US Mutual Defense Treaty itself has been ratified and
concurred in by both the Philippine Senate and the US Senate there is no violation of the
Constitutional provision resulting from such presence. The VFA being a valid and binding
agreement, the parties are required as a matter of international law to abide by its terms and
provisions (Simbolon v. Romulo g.R. No. 175888, February 11, 2009)

G. Nationality and statelessness

Nationality membership in a political community with all its concomitant rights and obligations. It
is the tie that binds the individual to his state from which he can claim protection and whos laws he
is obliged to obey.

An individual acquires the nationality of the state where he is born jure soli or the nationality of his
parents jure sanguinis.
Statelessness is the condition or status of an individual who is born without any nationality or
who loses his nationality without retaining or acquiring another.
A stateless individual is, from the traditional viewpoint, powerless to assert any right that
otherwise would be available to him under international law where he is a national of a particular
state. Any wrong suffered by him through the act of omission of a state would be
damnumabsqueinjuria for in theory no other state had been offended and no international
delinquency committed as a result of the damage caused upon him.

1. Vienna Convention on the Law of Treaties

The Vienna Convention on the Law of Treaties specifies jus cogens norms as a ground for
nullification or termination of treaties.

A State responsibility
1. Doctrine of state responsibility
1. Territoriality principle
2. Nationality principle and statelessness
NATIONALITY AND STATELESSNESS
Multiple NationalityIt is the possession by an individual of more than one nationality. It is
acquired as a result of the concurrent application to him of the conflicting municipal laws or two
or more states claiming him as their national.
Generally, a state has no jurisdiction over its nationals residing abroad except in nationality
law theory, i.e., Article 15 of the Civil Code; Article 2 of the Revised Penal Code; taxation of
citizens abroad.
Doctrine of Indelible Allegiancean individual may be compelled to retain his original nationality
notwithstanding that he has already renounced it under the laws of another state whose
nationality he has acquired.
Doctrine of Effective Nationalitya person having more than one nationality shall be treated as
if he had only oneeither the nationality of the country in which he is habitually and principally
resident or the nationality of the country with which in the circumstances he appears to be in fact
most closely connected. (Frivaldo vs. COMELEC, June 23, 1989)
Statelessnesscondition or status of an individual who is born without any nationality or who
loses his nationality without retaining or acquiring another.
A stateless person is entitled to, among others, the right to religion and religious instruction,
access to courts, elementary education, public relief and assistance, rationing of products in
short supply and treatment of no less favorable than that accorded aliens in general.
He is to be treated more or less like the subjects of a foreign state.

Any wrong suffered by a stateless person through the act or omission of a state would be
damnum absque injuria for in theory, no state has been offended and no international delict
committed.

3.
4.
5.
6.

Protective principle
Universality principle
Passive personality principle
Conflicts of jurisdiction

J. Treatment of aliens
8. Treatment of Aliens
Flowing from its right to existence and as an attribute of sovereignty, no State is under
obligation to admit aliens. The State can determine in what cases and under what conditions it may
admit aliens.

1. Extradition
a. Extradition is the surrender of a person by one state to another state where he is wanted for
prosecution or, if already convicted for punishment.

a) Fundamental principles
1. Extradition is based on the consent of the state of asylum as expressed in a treaty or manifested
as an act of goodwill.
2. Under the principle of specialty, a fugitive who is extradited may be tried only for the crime
specified in the request for extradition and included in the list of offenses in the extradition treaty.
If he is charged with any other offense committed before his escape, the state of refuge - and
not the accused has a right to object; Nevertheless, the prosecution will be allowed if the
extraditing state agrees or does not complain.
3. Any person may be extradited, whether he be a national of the requesting state, of the state of
refuge or of another state. The practice of many states now, however, is not to extradite their own
nationals but to punish them under their own laws in accordance with the nationality principle of
criminal jurisdiction.
4. Political and religious offenders are generally not subject to extradition.
In order to constitute an offense of a political character, there must be two or more parties in the
state, each seeking to impose the government of their own choice on the other. 1

1 Under the attentat clause, the murder of the head of state or any member of his family is not to be
regarded as a political offense for purposes of extradition. Genocide is not a political offense.

5. In the absence of special agreement, the offense must have been committed within the territory
or against the interests of the demanding state.
6. The act for which the extradition is sought must be punishable in both the requesting and
requested states under what is known as the rule of double criminality.

b) Procedure
1

Request through diplomatic representative with:

a. decision of conviction;
b. criminal charge and warrant of arrest;
c. recital of facts;
d. text of applicable law designating the offense;
e. pertinent papers.
2. DFA forwards request to DOJ;
3. DOJ files petition for extradition with RTC;2
4. Upon receipt of a petition for extradition and its supporting documents, the judge must study
them and make, as soon as possible, a prima facie finding whether
(a) they are sufficient in form and substance,
(b) they show compliance with the Extradition Treaty and Law, and
(c) the person sought is extraditable.
At his discretion, the judge may require the submission of further documentation or may personally
examine the affiants and witnesses of the petitioner. If, in spite of this study and examination, no
prima facie finding is possible, the petition may be dismissed at the discretion of the judge.
On the other hand, if the presence of a prima facie case is determined, then the magistrate must
immediately issue a warrant for the arrest of the extraditee, who is at the same time summoned to
answer the petition and to appear at scheduled summary hearings.
5. hearing
6. appeal to CA within ten days whose decision shall be final and executory;
7. Decision forwarded to DFA through the DOJ;
8. Individual placed at the disposal of the authorities of requesting state costs and expenses to be
shouldered by requesting state.

c) Distinguished from deportation

Deportation removal of an alien out of country, simply because his presence is deemed
inconsistent with the public welfare, and without any punishment being imposed or contemplated
either under the laws of the country out of which he is sent, or under those of the country to which
he is taken.
Extradition
1. affected at the request of the state of nation

Deportation
1. unilateral act of the local state

2 Due process requirement complied at the RTC level upon filing of petition for extradition. No need to
notify the person subject of the extradition process when the application is still with the DFA or DOJ

2. it is based on offenses generally committed

the state of origin
3. calls for the return of the fugitive to the state
origin

in
2. based on causes arising in the local state.
of3. an undesirable alien may be deported to a state
other than his own or the state of origin.

K. International Human Rights Law

a. Universal Declaration of Human Rights
b. International Covenant on Civil and Political Rights (ICCPR)3
c. International Covenant on Economic, Social and Cultural Rights (ICESCR)4

1. Universal Declaration of Human Rights

2. International Covenant on Civil and Political Rights
3. International Covenant on Economic, Social and Cultural Rights
L. International Humanitarian Law and neutrality
10. International Humanitarian Law (IHL) and Neutrality

1. Categories of armed conflicts

a. Categories of Armed Conflicts

a) International armed conflicts

(1) International Armed Conflicts
Those in which at least two States are involved. They are subject to a wide range of rules, including
those set out in the four Geneva Conventions and Additional Protocol I.

b) Internal or non-international armed conflict

Those restricted to the territory of a single State, involving either regular armed forces fighting
groups of armed dissidents, or armed groups fighting each other. A more limited range of
rules apply to internal armed conflicts and are laid down in Article 3 common to the four Geneva
Conventions as well as in Additional Protocol II.

c) War of national liberation

The first Protocol of 1977 provides that peoples fighting against colonial domination and alien
occupation and against racist regimes in the exercise of their right of self-determination are to be

3 ibid
4 ibid

treated as if they were engaged in an international armed conflict and not a civil war. There is
considerable difficulty over the meaning of this phrase, and it may be difficult to apply in practice.5

2. Core international obligations of states in International

Humanitarian Law
3. Principles of International Humanitarian Law
a) Treatment of civilians
Distinction between Civilians and Combatants
The parties to the conflict must at all times distinguish between civilians and combatants. Attacks
may only be directed against combatants. Attacks must not be directed against civilians.6
Acts or threats of violence the primary purpose of which is to spread terror among the civilian
population are prohibited.7
All members of the armed forces of a party to the conflict are combatants, except medical and
religious personnel.8
The armed forces of a party to the conflict consist of all organized armed forces, groups and units
which are under a command responsible to that party for the conduct of its subordinates.9
Civilians are persons who are not members of the armed forces. The civilian population comprises
all persons who are civilians.10
Civilians are protected against attack, unless and for such time as they take a direct part in
hostilities.11
Distinction between Civilian Objects and Military Objectives
The parties to the conflict must at all times distinguish between civilian objects and military
objectives. Attacks may only be directed against military objectives. Attacks must not be directed
against civilian objects.12
In so far as objects are concerned, military objectives are limited to those objects which by their
nature, location, purpose or use make an effective contribution to military action and whose partial
or total destruction, capture or neutralization, in the circumstances ruling at the time, offers a
definite military advantage.13
5 Encyclopedia Britannica
6 Rule 1
7 Rule 2
8 Rule 3
9 Rule 4
10 Rule 5
11 Rule 6
12 Rule 7
13 Rule 8

Civilian objects are all objects that are not military objectives.14
Civilian objects are protected against attack, unless and for such time as they are military
objectives.15
Indiscriminate Attacks
Indiscriminate attacks are prohibited.16
Indiscriminate attacks are those:
(a) which are not directed at a specific military objective;
(b) which employ a method or means of combat which cannot be directed at a specific military
objective; or
(c) which employ a method or means of combat the effects of which cannot be limited as
required by international humanitarian law; and consequently, in each such case, are of a nature to
strike military objectives and civilians or civilian objects without distinction.17
Attacks by bombardment by any method or means which treats as a single military objective a
number of clearly separated and distinct military objectives located in a city, town, village or other
area containing a similar concentration of civilians or civilian objects are prohibited.18
Proportionality in Attack
Launching an attack which may be expected to cause incidental loss of civilian life, injury to
civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation
to the concrete and direct military advantage anticipated, is prohibited.19
Precautions in Attack
In the conduct of military operations, constant care must be taken to spare the civilian population,
civilians and civilian objects. All feasible precautions must be taken to avoid, and in any event to
minimize, incidental loss of civilian life, injury to civilians and damage to civilian objects.20
Each party to the conflict must do everything feasible to verify that targets are military objectives. 21
Each party to the conflict must take all feasible precautions in the choice of means and methods of
warfare with a view to avoiding, and in any event to minimizing, incidental loss of civilian life, injury
to civilians and damage to civilian objects.22
14 Rule 9
15 Rule 10
16 Rule 11
17 Rule 12
18 Rule 13
19 Rule 14
20 Rule 15
21 Rule 16
22 Rule 17

Each party to the conflict must do everything feasible to assess whether the attack may be
expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a
combination thereof, which would be excessive in relation to the concrete and direct military
advantage anticipated.23
Each party to the conflict must do everything feasible to cancel or suspend an attack if it becomes
apparent that the target is not a military objective or that the attack may be expected to cause
incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof,
which would be excessive in relation to the concrete and direct military advantage anticipated.24
Each party to the conflict must give effective advance warning of attacks which may affect the
civilian population, unless circumstances do not permit.25
When a choice is possible between several military objectives for obtaining a similar military
advantage, the objective to be selected must be that the attack on which may be expected to cause
the least danger to civilian lives and to civilian objects.26
Precautions against the Effects of Attacks
The parties to the conflict must take all feasible precautions to protect the civilian population and
civilian objects under their control against the effects of attacks.27
Each party to the conflict must, to the extent feasible, avoid locating military objectives within or
near densely populated areas.28
Each party to the conflict must, to the extent feasible, remove civilian persons and objects under its
control from the vicinity of military objectives.29

b) Prisoners of war
Prisoners of war, in the sense of the present Convention, are persons belonging to one of the
following categories, who have fallen into the power of the enemy:
(1) Members of the armed forces of a Party to the conflict, as well as members of militias or
volunteer corps forming part of such armed forces.
(2) Members of other militias and members of other volunteer corps, including those of
organized resistance movements, belonging to a Party to the conflict and operating in or outside
their own territory, even if this territory is occupied, provided that such militias or volunteer
corps, including such organized resistance movements, fulfill the following conditions:
23 Rule 18
24 Rule 19
25Rule 20.
26 Rule 21
27 Rule 22
28 Rule 23
29 Rule 24

(a) that of being commanded by a person responsible for his subordinates;

(b) that of having a fixed distinctive sign recognizable at a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a government or an authority
not recognized by the Detaining Power.
(4) Persons who accompany the armed forces without actually being members thereof, such as
civilian members of military aircraft crews, war correspondents, supply contractors, members of
labour units or of services responsible for the welfare of the armed forces, provided that they
have received authorization, from the armed forces which they accompany, who shall provide
them for that purpose with an identity card similar to the annexed model.
(5) Members of crews, including masters, pilots and apprentices, of the merchant marine and
the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable
treatment under any other provisions of international law.
(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously
take up arms to resist the invading forces, without having had time to form themselves into
regular armed units, provided they carry arms openly and respect the laws and customs of war.
The following shall likewise be treated as prisoners of war under the present Convention:
(1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the
occupying Power considers it necessary by reason of such allegiance to intern them, even
though it has originally liberated them while hostilities were going on outside the territory it
occupies, in particular where such persons have made an unsuccessful attempt to rejoin the
armed forces to which they belong and which are engaged in combat, or where they fail to
comply with a summons made to them with a view to internment.
(2) The persons belonging to one of the categories enumerated in the present Article, who have
been received by neutral or non-belligerent Powers on their territory and whom these Powers
are required to intern under international law, without prejudice to any more favourable
treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15,
30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to
the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the
Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these
persons depend shall be allowed to perform towards them the functions of a Protecting Power
as provided in the present Convention, without prejudice to the functions which these Parties
normally exercise in conformity with diplomatic and consular usage and treaties.30

4. Law on neutrality
Law governing a country's abstention from participating in a conflict or aiding a participant of
such conflict, and the duty of participants to refrain from violating the territory, seizing the
possession, or hampering the peaceful commerce of the neutral countries. 31. For example, the
30 Art 4, Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949
31 166 U.S. 1

Neutrality Act of 1939,32 was passed by Congress for the purpose of preserving the neutrality of the
United States and averting the risks that brought the United States into World War I. 33 The codified
law of traditional neutrality is to be found in The Hague Conventions Nos. V and XIII of 1907.

M. Law of the sea

1. Baselines
Consist of straight lines joining appropriate points of the outermost islands of the archipelago.

2. Archipelagic states
a) Straight archipelagic baselines
1. In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands
along the coast in its immediate vicinity, the method of straight baselines joining appropriate points
may be employed in drawing the baseline from which the breadth of the territorial sea is measured.
2. Where because of the presence of a delta and other natural conditions the coastline is highly
unstable, the appropriate points may be
selected along the furthest seaward extent of the low-water line and,
notwithstanding subsequent regression of the low-water line, the straight baselines shall remain
effective until changed by the coastal State in
accordance with this Convention.
3. The drawing of straight baselines must not depart to any appreciable
extent from the general direction of the coast, and the sea areas lying within the lines must be
sufficiently closely linked to the land domain to be subject
to the regime of internal waters.
4. Straight baselines shall not be drawn to and from low-tide elevations,
unless lighthouses or similar installations which are permanently above sea level have been built
on them or except in instances where the drawing of
baselines to and from such elevations has received general international recognition.
5. Where the method of straight baselines is applicable under paragraph 1, account may be taken,
in determining particular baselines, of
economic interests peculiar to the region concerned, the reality and the importance of which are
clearly evidenced by long usage.
6. The system of straight baselines may not be applied by a State in such a manner as to cut off
the territorial sea of another State from the high
seas or an exclusive economic zone.34

b) Archipelagic waters

32 22 U.S.C. 441 et seq.,

33 37 F. Supp. 268, 272
34 Art. 7, UNCLOS

The waters around, between and connecting the islands of the archipelago, regardless of their
breadth or dimension,35 are to be treated as internal waters.

c) Archipelagic sea lanes passage

The exercise in accordance with this Convention of the rights of navigation and overflight in the
normal mode solely for the purpose of continuous, expeditious and unobstructed transit between
one part of the high seas or an exclusive economic zone and another part of the high seas or an
exclusive economic zone.

3. Internal waters
Bodies of water within the landmass, such as rivers, lakes, canals, gulfs, bays and straits.
All waters on the landward side of the baselines of the territorial sea.36

4. Territorial sea
The belt of the sea located between the coast and intrernal waters of the coastal state on the one
hand,and the high seas on the other, extending up to 12 nautical miles from the low-water mark, or
in the case of archipelagic states, from the baselines.

5. Exclusive economic zone

Extends 200 nautical miles from the coast or the baselines. All living and non-living resources
found therein belong exclusively to the coastal state.

6. Continental shelf
a) Extended continental shelf
Refers to:
a

the seabed and the subsoil of the submarine areas adjacent to the coast but outside the
area of the territorial sea, to a depth of 200 meters or, beyond that limit, to where the depth
of the superjacent waters admits of the exploitation of the natural resources of the said
areas; and

to the seabed and subsoil of similar areas adjacent to the coasts of islands.

7. International Tribunal for the Law of the Sea

ITLOS is composed of 21 independent members elected by the States Parties 37 to the UNCLOS
from among persons with recognized competence in the field of the law of the sea and representing
the principal legal systems of the world. ITLOS has jurisdiction over all disputes and all applications
35 Archipelago doctrine
36 UNCLOS
37 States which have consented to be bound by the Convention and for which the Convention is in force

submitted to it in accordance with UNCLOS and over all matters specifically provided for in any
other agreement which confers jurisdiction on the ITLOS.

O. International environment law

1. Principle 21 of the Stockholm Declaration
States have, in accordance with the Charter of the United Nations and the principles of international
law, the sovereign right to exploit their own resources pursuant to their own environmental policies,
and the responsibility to ensure that activities within their jurisdiction or control do not cause
damage to the environment of other States or of areas beyond the limits of national jurisdiction.38

N. Madrid Protocol and the Paris Convention for the Protection of

Industrial Property
P. International economic law

UNITED NATIONS
The international organization which succeeded the League of Nations
Organs of UN
1. General assemblyAssembly
2. Security Council
3. Economic & Social Council (ECOSOC) Council
4. Trusteeship Council
5. Secretariat
6. ICJ organs
2 Functions of International Court of Justice
1. To resolve contentious cases;
2. To render advisory opinions to the General Assembly, the Security Council, and other organs
of the United Nations.
Statute:
1. The Interpretation of a treaty;
2. Any question of international law;
3. The existence of any fact which, if established, would constitute a breach of an international
obligation;
4. The nature and extent of the reparations to be made in case of breach of an international
obligation.
International Criminal Court (ICC)
it is a criminal tribunal
has criminal jurisdiction to prosecute

International Court of Justice (ICJ)

it is a civil tribunal
does not have criminal jurisdiction over

38 Declaration of the United Nations Conference on the Human Environment The United Nations Conference on
the Human Environment, having met at Stockholm from 5 to 16 June 1972, considered the need for a common
outlook and for common principles to inspire and guide the peoples of the world in the preservation and
enhancement of the human environment.

individuals
it prosecutes individuals for genocide,
crimes against humanity, war crimes and
the crimes of aggression
it is independent of the United nations

individuals
it is a civil tribunal that deals primarily
with disputes between States
it is a principal organ of the United
Nations

ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

The Rome Statute established the ICC which shall have the power to exercise its jurisdiction
over persons for the most serious crimes of international concern x x x and shall be
complementary to the national criminal jurisdictions. (Article I, Rome Statute) Its jurisdiction
covers the following crimes:
1. Genocide;
2. Crimes against humanity;
3. War crimes; and
4. Crime of aggression. (Article 5, Rome Statute)
General Principles:
1. Nullum crimen sine lege (Ex post Facto law)
2. Nullum poena sine lege (void for vagueness)
3. Double Jeopardy
4. Non-retroactivity
5. Principle of Superior Responsibilitya superior is held liable for failure to prevent
subordinates from committing unlawful acts, in view of his command and control over them and
liable as well for their crimes
6. Mens reamaterial elements of a crime must be committed with intent and knowledge
No trial in absentia
No reservations
Penalties: Imprisonmentmax of 30 years; no death penalty
Principle of Complementaritythe ICC shall be complementary to national criminal
jurisdictions of states. It gives primacy over the duty of every State to exercise its criminal
jurisdiction over those responsible for international crimes.
The Statute was opened for signature by all States in Rome on July 17, 1988 and had
remained open for signature until December 31, 2000 at the UN Headquarters in New York. The
Philippines signed the Statute on December 28, 2000 through Charge d Affairs Enrique A.
Manalo of the Philippine Mission to the UN. Its provisions, however, require that it be subject to
ratification, acceptance or approval of the signatory states. (Article 25, Rome Statute)
Pimentel, Jr. vs. Office of the Executive Secretary, 462 SCRA 622, July 6, 2005
Ratification of the Rome Statute of the International Criminal Courtthe SC held that the power
to ratify does not belong to the Senate. In the book of Justice Isagani Cruz, the usual steps in
the treaty-making process are:
1. Negotiationmay be undertaken directly by the head of state but usually assigns this task to
his authorized representatives. The negotiations may be brief or protracted, depending on the
issues involved, and may even collapse in case the parties are unable to come to an agreement
on the points under consideration.
2. Signatureif and when the negotiators finally decide on the terms of the treaty, the same is
opened for signature. This step is primarily intended as a means of authenticating the
instrument and for the purpose of symbolizing the good faith of the parties; but significantly, it
does not indicate the final consent of the state in cases where ratification of the treaty is

required. The document is signed usually in accordance with the alternat, i.e., each of the
several negotiators is allowed to sign first on the copy which he will bring home to his home
state.
3. Ratificationis the formal act by which a state confirms and accepts the provisions of a
treaty concluded by its representatives. The purpose of ratification is to enable the contracting
states to examine the treaty more closely and to give them an opportunity to refuse to be bound
by it should they find it inimical to their interests. It is for this reason that most treaties are made
subject to the scrutiny and consent of a department of the government other than what which
negotiated them.
4. Exchange of the instruments of ratificationthis is the last step which usually signifies the
effectivity of the treaty unless a different date has been agreed upon by the parties. When
ratification is dispensed with and no effectivity clause is embodied in the treaty, the instrument is
deemed effective upon its signature.
It should be emphasized that under our Constitution, the power to ratify is vested in the
President, subject to the concurrence of the Senate. The role of the Senate, however, is limited
only to giving or withholding its consent, or concurrence, to the ratification. Hence, it is within the
authority of the President to refuse to submit a treaty to the Senate or, having secured its
consent for ratification, refuse to ratify it. Although the refusal of a state to ratify a treaty which
has been signed in its behalf is a serious step that should not be taken lightly, such decision is
within the competence of the President alone, which cannot be encroached by this Court via a
writ of mandamus.
This Court has no jurisdiction over actions seeking to enjoin the President in the
performance of his official duties. The Court, therefore, cannot issue the writ of mandamus
prayed for by the petitioners as it is beyond its jurisdiction to compel the executive branch of the
government to transmit the signed text of the Rome Statute to the Senate.
GENOCIDE
It is the deliberate destruction and annihilation of a racial, ethnic or religious group.
(See Atty. Sandovals 2008 handouts in International Law, page 1-2)
INTERNATIONAL HUMAN RIGHTS LAW
(See Atty. Sandovals 2008 handouts in International Law, page 2)
INTERNATIONAL HUMANITARIAN LAW
Martens Clauseprovides that in cases not covered by this protocol or by any other
international agreements, civilians and combatants remain under the protection and authority of
the principles of international law derived from established customs, from the principles of
humanity and from the dictates of public conscience (Article I, paragraph 2, Protocol additional
to the Geneva Conventions of August 12, 1949).
Hors de combat
1. The person is in the power of an adverse party to the conflict
2. He clearly expresses his intention to surrender
3. He is incapable of defending himself provided he abstains from any hostile act and does not
attempt to escape
JURISDICTION

It is the competence of a state under international law to prescribe and enforce norms of law, as
well as adjudicate over persons, property, events and relations within its territory.
Components of Territory:
1. Terrestrial domain (Land)
2. Fluvial and Maritime domain
3. Aerial domain
LAND TERRITORY (Terrestrial Domain)
Modes of acquisition: (See page 7 of this notes)
MARITIME TERRITORY (Fluvial and Maritime Domain)
(See Discussion under the National Territory and UNCLOS on pages 9 and 370, respectively)
AIR TERRITORY (Aerial Domain)this refer to the airspace above the land and waters of the
State.
Five (5) Freedoms for Scheduled International Services:
1. Freedom to fly across foreign territory without landing;
2. Freedom to land for non-traffic purposes;
3. Freedom to put down traffic originating in state of aircraft;
4. Freedom to embark traffic destined for state of craft; and
5. Freedom to embark traffic destined for, or to put down traffic coming from, third state.
Three (3) International Theories on Aerial Jurisdiction:
1. Free zone theoryThe atmosphere over the country is free and not subject to the
jurisdiction of the subjacent state, except for the protection of its national security and public
order.
If a crime is committed on board a foreign aircraft at the atmosphere of a country, the law of
that country does not govern unless the crime affects the national security.
2. Relative theorythe subjacent state exercises jurisdiction over the atmosphere only to the
extent that it can effectively exercise control thereof.
If a crime was committed on an aircraft that is already beyond the control of the subjacent
state, the law of the state will not govern anymore. But if the crime is committed in an aircraft
within the atmosphere over a subjacent state that exercises control, then its law will govern.
3. Absolute theoryadopted by the Philippines
The subjacent state has complete jurisdiction over the atmosphere above it subject only to
the innocent passage by aircraft of a foreign country.
If the crime is committed in an aircraft, no matter how high, as long as it can be established
that it is within the Philippine atmosphere, our law will govern.
Outer Spaceis the region beyond the earths atmosphere.
Outer Space Treatyprovides for the exploration and use of outer space as the province of
mankind and provides accordingly that the exploration and use of outer space, including the
moon and other celestial bodies, shall be carried out for the benefit and in the interest of all
countries, irrespective of their degree of economic or scientific development.
Outer space is not subject to national appropriation by claim of sovereignty, by means of use or
occupation, or by any other means, and thus, it is provides that it shall be free for exploration

and use by all states without discrimination of any kind. The States parties to the Treaty are to
consider astronauts or cosmonauts as envoys of mankind.
Leading principles:
1. TERRITORIALITYthe Philippines possesses absolute (but may not be exclusive)
jurisdiction over persons, property, relations, and events by reason of the fact that they are
within or they take place in its territory, without regard to the nationality of the person
responsible. (Article 14 of the Civil CodePenal laws and those of public security and safety
shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of
public international law and to treaty stipulations.)
A State may exercise jurisdiction only within its territory.
General rule: A state has criminal jurisdiction only over offenses committed within its territory.
Exceptions:
a. Continuing offenses;
b. acts prejudicial to the national security or vital interest of the State;
c. Universal crimes
d. Offenses covered by special agreement
2. NATIONALITY PRINCIPLEthe Philippines exercises jurisdiction over persons by reason of
their connection to the Philippine state as its citizens. (Article 15 of the Civil CodeLaws
relating to family rights and duties, or to status, condition and legal capacity of persons are
binding upon citizens of the Philippines, even though living abroad.)
Vest jurisdiction in State of offender
3. PROTECTIVE PRINCIPLEthe Philippines takes jurisdiction over persons who committed
acts outside its territorial jurisdiction but with consequences prejudicial to its interests or inimical
to its national security. (Read Article 2 of the Revised Penal Code)
4. UNIVERSALITY PRINCIPLEvest jurisdiction in state which has custody of offender of
universal crimes (piracy, genocide)
A state has jurisdiction over offenses considered as universal crimes regardless of where
committed and who committed them.
5. PASSIVE PERSONALITY PRINCIPLEvest jurisdiction in state of offended party;
A State has jurisdiction over crimes against its own nationals even if committed outside the
territory.
Exemption from Jurisdiction:
1. Doctrine of State Immunity
2. Act of State Doctrine
3. Diplomatic Immunity
4. Immunity of the UN, its Organs, Specialized Agencies, Other International Organizations, and
its Officers
5. Foreign merchant vessels exercising the right of innocent passage or arrival under stress
6. Foreign armies passing through or stationed in the territory with the permission of the State
7. Warships and other public vessels of another State operated for non-commercial purposes
SOVEREIGN IMMUNITY
1. Heads of States and the state itself
Basis: equality and independence of states
Act of State Doctrine

a. Broad senseit is an exercise of sovereign power, which cannot be challenged, controlled or

interfered with by the court of law. It refers to the political acts of a State which are exercised as
exclusive prerogatives by the political departments of the government and not subject to judicial
review and for the consequences of which, even when affecting private interests, they will not
hold legally responsible those who command or performed them.
b. Limited senseit refers to the acts taken by the State concerning as affecting aliens, like the
inherent right of every sovereign state to exclude resident aliens from the territory when their
continued presence is no longer desirable from the standpoint of its domestic interest and
tranquility.
Doctrine of State Immunityas a consequence independence, territorial supremacy and
equality, a state enjoys immunity from the exercise of jurisdiction
waived its immunity, or voluntarily submitted to the jurisdiction of the court
concerned.
(Read Also Discussions under State Immunity from Suit)
2. Diplomatic and Consular Immunity
Remedy of Individual:
a. Sue in home state of diplomat
b. Waiver by state of nationality of diplomat
c. Declare diplomat persona non grata
Diplomatic immunity ceases to be enjoyed at the moment the diplomat leaves the
country, or on expiry of a reasonable period in which to do so. (Regina vs. Palacios 7 DLR
112)
Exterritorialityexception of persons and property from local jurisdiction on basis of
international customs
Extraterritorialityapplies only to persons and is based on treaty or convention; discredited
because of rise of nationalism and sovereign equality of States
RIGHT OF LEGATION
A.k.a. Right of Diplomatic Intercourse
Right of the State to send and receive diplomatic missions, which enables States to carry on
friendly intercourse
Not a natural or inherent right, but exists only by common consent
No legal liability incurred by the State for refusing to send or receive diplomatic
representatives

Agents of Diplomatic Intercourse:

1. Head of Stateenjoys the right to special protection for his physical safety and the
preservation of his honor and reputation
Principle of Exterritorialityhis quarters, archives, property and means of transportation
are inviolate. He is immune from criminal and civil jurisdiction, except when he himself is the
plaintiff, and is not subject to tax or exchange of currency restrictions.
2. Foreign Officeheaded by a Secretary or Minister. The latter has the power to make binding
declarations on behalf of his government.
Members of diplomatic service
4. Special diplomatic agents appointed by the head of the State
5. Envoys ceremonial

Establishment of Resident Missions

States carry on diplomatic intercourse through permanent missions established in the
capitals of other States.
Composition of Mission:
1. Head of Mission
a. Ambassador or Nunciosaccredited to Heads of state, and other heads of mission of
equivalent rank;
b. Envoys, ministers and internunciosaccredited Heads of States;
c. Charges d Affairesaccredited to Ministers of Foreign Affairs
2. Diplomatic Staffthose engaged in diplomatic activities and are accorded diplomatic rank
3. Administrative and Technical Staffthose employed in the administrative and technical
service of the mission
4. Service Staffthose engaged in the domestic service of the mission
DIPLOMATIC CORPS
A body consisting of all diplomatic envoys accredited to the same local or receiving state. The
doyen or the head of this body is the papal nuncio, if there is one, or the oldest ambassador,
or in the absence, the oldest minister plenipotentiary.
Agreationthe process in appointment of diplomatic envoy where states resort to an informal
inquiry as to the acceptability of a particular envoy, to which the receiving state responds with an
informal conformity
Letre de Creance (Letter of Credence)states the name, rank and general character of the
mission, and a request for favorable reception and full credence
DIPLOMATIC IMMUNITIES AND PRIVILEGES
1. Personal inviolabilityhe shall not be liable to any form of arrest or detention.
2. Inviolability of premises and archives
3. Right of official communication
4. Immunity from local jurisdiction
5. Exemption from taxes and custom duties
6. Other privilegesincludes freedom of movement and travel in the territory of receiving state;
exemption from all personal services and military obligations; the use of the flag and emblem of
the sending state on the diplomatic premises and the residence and means of transport of the
head of mission.
Duration: The privileges are enjoyed by the envoy from the moment he enters the territory of
the receiving state, and shall cease the moment he leaves the country, or on
expiry; with respect to official actsimmunity shall continue indefinitely. These privileges are
available even in transit, when travelling through a 3rd State on the way to
or from the receiving state.
Waiver of Immunities1. Diplomatic immunities can be waived, but the waiver cannot be made by the individual
concerned since such immunities are not personal to him.
2. Waiver may be made only by the government of the sending state if it concerns the
immunities of the head of mission.
3. In other cases, the waiver may be made either by the government or by the chief of mission.

4. Waiver of this privilege, however, does not include waiver of the immunity in respect of the
execution of judgment; a separate waiver of the latter is necessary.
Termination of diplomatic mission:
1. Death
2. Resignation
3. Removal
4. Abolition of office
5. Recall of the sending State
6. Dismissal by the receiving state
7. War
8. Extinction of the State
CONSULAR RELATIONS
Consul A state agent residing abroad for various purposes but mainly in the interest of
commerce and navigation.
Kinds:
1. Consules missiprofessional and career consuls, nationals of the appointing state
2. Consul electiselected by the appointing state either from its own citizens or from among
nationals abroad
Rank:
1. Consul-generalheads several consular districts, or one exceptionally large consular district
2. Consultakes charge of small district, town or port
3. Vice-consulassist the consul
4. Consular agentusually entrusted with the performance of certain functions by the consul.
Two (2) Documents Necessary for the Assumption of Consular Functions
1. Letters Patent (letter de provision)letter of appointment or commission which is
transmitted by the sending state to the Secretary of Foreign Affairs of the country where the
consul is to serve
2. Exequaturauthorization given to the consul by the sovereign of the receiving state,
allowing him to exercise his function within the territory
Immunities and Privileges:
1. Inviolability of their correspondence, archives and other documents
2. Freedom of movement and travel
3. Immunity from jurisdiction for acts performed in official capacity except infractions
4. Exemption from certain taxes and customs duties, military or jury service
5. Right to display national flag and emblem in the consulate
Immunities and privileges are also available to the members of the consular post, their
families and their private staff.
Waiver of immunitiesmay be made by the appointing state
Crimes against diplomatic agents are International, not political, in nature
Termination of consular mission:
1. Usual mode of terminating official relationship
2. Withdrawal of the exequatur
3. Extinction of the State
4. War

 Severance of consular relations does not necessarily terminate diplomatic relations

EXTRADITION
It is the surrender of an individual accused or convicted of a crime by a State within whose
territory he is found and his delivery to the State where he allegedly committed crime or was
convicted of a crime.
Sec. 2(a), PD 1069extradition is the removal of an accused from the Philippines with the
object of placing him at the disposal of foreign authorities to enable the requesting state or
government to hold him in connection with any criminal investigation directed against him or the
execution of a penalty imposed on him under the penal or criminal law of the requesting state or
government.
Without a treaty, extradition is left to diplomatic negotiation between the states involved. In
such case, extradition relies on the consent of the requested state that may
be given out of comity and good relations.
In international law, extradition is a form of jurisdictional assistance.
Secretary of Justice vs. Lantion, G.R. No. 139465, October 17, 2000, Mark Jimenez
is without any right to notice and hearing during the evaluation stage of an extradition
process by the DFA under RP-US Extradition Treaty.
Extradition court may adjudge a person as extraditable but the President has the final
say. Extradition is not criminal in natureit is sui generis; thus, Bill of Rights provisions
on aspects of due process in criminal proceedings are not applicable)
Secretary of Justice vs. Muoz, G.R. No. 140520, December 18, 2000, provisional arrest of
respondent was valid noting that the requirements of the Agreement on documentation and the
finding of probable cause have been complied with.
Right to Bail In Extradition Case
Government of USA vs. Purganan, G.R. 148571, September 24, 2002, right to bail in
extradition is not available; ultimate purpose of extradition proceedings in court is to determine
whether the extradition request complies with the extradition treaty. But in exceptional cases,
bail may issue provided:
a. Accused is not a flight risk; and
b. Compelling circumstances warrant.
The right of prospective extraditee to apply for bail in this jurisdiction must be viewed in light
of the various treaty obligations of the Philippines concerning respect for the promotion and
protection of human rights. (Government of HK Special Administrative Region vs. Hon.
Olalia, Jr., G.R. No. 153675, April 19, 2007)
United Nations Convention on the Law of the Sea (UNCLOS)
The Philippines is an archipelagic State under the UNCLOS. It is made up wholly of one or
more archipelagos.
Archipelagounder the UNCLOS, it is a group of islands, interconnecting waters and other
natural features which are so closely inter-related that such islands, waters and natural features
form an intrinsic geographical, economic and political entity, or which historically have been
regarded as such.
Internal or national waters-- bodies of water within the land mass, among them are

rivers, bays and gulfs, straits, and canals.

Jurisdiction: The State exercises jurisdiction over everything found within its internal or
national waters. In the case of foreign merchant vessels docked in a local port or bay, the
coastal state exercises jurisdiction in civil matters, but criminal jurisdiction is determined
according to the:
a. English rulethe coastal State shall have jurisdiction over all offenses committed on board
the vessel except those which do not compromise the peace of the port (the Philippines adheres
to this rule);
b. French ruleflag state shall have jurisdiction over all offenses committed on board a vessel
except those which compromise the peace of the port.
Archipelagic watersare the waters enclosed by the archipelagic baselines, regardless of
their depth or distance from the coast.
Jurisdiction: same rule as in internal waters, save for innocent passage of merchant
vessels through archipelagic sea lanes The internal waters of the Philippines are now subject to
right of innocent passage as well as to sea lanes for all foreign ships under the right of
archipelagic sea lanes passage. The airspace above the internal waters within the archipelagic
sea lanes passage is subject to the air routes for all foreign aircraft.
But Philippine sovereignty over the archipelagic waters of the Philippines is restricted under
UNCLOS. Ships of all states enjoy the right of innocent passage through archipelagic waters.
Philippine archipelagic waters may also be subject to the continuous and expeditious passage
of foreign ships and aircraftknown as the right of archipelagic sea lane passage. All ships
and aircraft enjoy this right through designated sea lanes and air routes.
What is the legal status of the waters enclosed by the archipelagic baselines of
the Philippines?
Philippine sovereignty extends to these waters which are called archipelagic waters under
UNCLOS. It also extends to the airspace over archipelagic waters as well as their
bed and subsoil, including the resources therein.
Two (2) Kinds of Archipelago:
1. Coastal Archipelagosituated close to a mainland and may be considered a part thereof.
2. Mid-Ocean Archipelagosituated in the ocean at such distance from the coasts of firm
land. The Philippines is classified as mid-ocean archipelago just like Indonesia. The Philippines
is not in any way connected physically with the Asia mainland.
Maritime zones of the Philippines: (See also discussion under National Territory)
1. Territorial Seathe belt of the sea located between the coast and the internal waters of the
coastal state on the other hand, and the high seas on the other, extending up to 12 nautical
miles from the low-water mark, or in the case of archipelagic states, from the baselines.
Jurisdiction: criminal jurisdiction over foreign merchant vessels shall be determined by the
application of either the English rule or French rule. Innocent passage and involuntary entrance
are recognized exceptions, provided that in case of involuntary entrance, the distress on the
vessel must be real.

Baselineis a line from which the breadth of the territorial sea, the contiguous zone and the
exclusive economic zone is measured in order to determine the maritime boundary of the
coastal state.
Types of baseline:
ii. Normal Baseline Method
iii. Straight Baseline method
The territorial sea is a zone of Philippine sovereignty. However, it is subject to the right of
innocent passage by ships of all states.
It is restricted by the right of archipelagic sea lane passage but only such portions of the
territorial sea adjacent to the Philippine archipelagic waters traversed by the archipelagic sea
lanes.
Innocent passagemeans navigation through the territorial sea of a state for the purpose of
traversing that sea without entering internal waters, or of proceeding to or from internal waters.
Passage is innocent if it is not prejudicial to the peace, good order or security of the coastal
state. It is required that passage be continuous and expeditious, although a ship is allowed to
stop and anchor if this is incidental on account of force majeure or is required in order to assist
persons, ships or aircraft in danger or distress.
Innocent passage
Pertains only to navigation of ships
Requires submarine and other underwater
vehicles to navigate on the surface and to
show their flag
Can be suspended
In designation of sea lanes and traffic
separation schemes, the coastal state shall
only take account of the recommendations of
the competent international organization

Transit passage
Includes rights of overflight
No requirement specially applicable to
submarines
Cannot be suspended
Designation of sea lanes and traffic
separation schemes is subject to adoption by
competent international organization upon
proposal and agreement of states bordering
the straits

As a rule, ships (not aircraft) of all states enjoy the right of innocent passage through the
territorial sea (not through internal waters). It is understood, however, that the passage must be
continuous and expeditious, except in cases of force majeure. Submarines and other
underwater craft are required to navigate on the surface and to
show their flag.
2. Contiguous Zoneextends up to 12 nautical miles from the territorial sea; this shall not
exceed 24 nautical miles from the archipelagic baselines.
Jurisdiction: Adjacent to the territorial sea, it is a zone where Philippines may exercise
certain protective jurisdiction. The coastal state may exercise limited jurisdiction over
the contiguous zone:
a. To prevent infringement of customs, fiscal immigration or sanitary laws and regulations within
its territory or territorial sea; and
b. To punish violation of the above laws and regulations committed within its territory or in
territorial sea.
The Philippines does not have sovereignty over the contiguous zone. It is a zone

of jurisdiction, not of sovereignty.

This contiguous zone is not appurtenant to Philippine territory. For a coastal state to assume
pertinent rights, it must make a specific claim to its contiguous zone. If no contiguous zone is
claimed or declared, the rights that may otherwise pertain to the contiguous are deemed to be
subsumed in those pertaining to the territorial sea.
3. Exclusive Economic Zone (EEZ)shall not extend beyond 200 nautical miles from the
archipelagic baselines. The Philippines has sovereign rights over EEZ for the purpose of
exploring, exploiting, conserving and managing the natural resources in this zone. In
addition, it has jurisdictional rights with regard to artificial islands, environmental protection,
and marine scientific research.
The resources covered by the sovereign rights of the Philippines over its EEZ are the living
and non-living resources in the superjacent waters of the sea-bed, as well as
the resources of the sea-bed and its subsoil.
The Philippines is required to grant other states access to living resources in its EEZ. It must
determine its capacity to harvest the living resources. If it does not have the capacity to harvest
the entire allowable catch, it shall give other states access to the surplus of the allowable catch
by means of agreements consistent with the UNCLOS. Philippine rights to specified sovereign
rights and to particular jurisdictional rights. No territorial acquisition is involved.
In the EEZ, all states continue to enjoy the freedom of the high seas, subject to the rights of
the Philippines as thus mentioned. Generally, the rules of international law
pertaining to the high seas apply to EEZ.
Continental shelfit is the seabed and subsoil of the submarine areas extending beyond the
Philippine territorial sea throughout the natural prolongation of the land territory. It extends up to:
a. The outer edge of the continental margin; or
b. A distance of 200 nautical miles from the archipelagic baselines, whichever is the farthest.
Jurisdiction: the coastal state enjoys the right of exploitation of oil deposits and other
resources in the continental shelf. In case of the continental shelf extends to the shores
of another State, or is shared with another State, the boundary shall be determined in
accordance with equitable principle.
The continental shelf does not form part of the Philippine territory. The Philippines has the
sovereign rights over the continental shelf for the purpose of exploring it and exploiting its
natural resources.
The natural resources covered by sovereign rights in the continental shelf consist of (a)
mineral and other non-living resources of the sea-bed and subsoil, (b) together with living
organisms which are sedentary.
The UNCLOS describes these sovereign rights as exclusive in the sense that if the
Philippines does not explore the continental shelf or exploit its natural resources, no one may
undertake these activities without its consent. Rights of the Philippines over the continental shelf
do not depend on occupation, effective or notional, or on any express proclamation.
The Philippines has the exclusive right to construct, to authorize and regulate the
construction, operation and use of artificial islands and installations. Its jurisdiction over these is
exclusive, in particular with respect to customs, fiscal, health, safety and immigration
regulations. It has also exclusive right to authorize as well as to regulate drilling for all purposes.

Deep Sea(as part of the common heritage of mankind) resources of the deep seabed owned
by all States. All rights to the resources of the area are vested in mankind as a whole. The
Enterprise (organ of the Deep Sea Bed Authority) shall explore and exploit the area.
Open for peaceful purposes and for exploitation for the benefit of mankind; right of a coastal
state to prevent or mitigate any grave and imminent danger to its coastline or environment;
governed by the International Seabed Authority.
High Seastreated as res communes, thus, not territory of any particular State. These are the
waters which do not constitute the internal waters, archipelagic waters, territorial
sea and exclusive economic zones of a state. They are beyond the jurisdiction and
sovereign rights of States.
The traditional view is freedom of the high seas, i.e., they are open and available, without
restriction, to the use of all states for the purpose of navigation, overflight, submarine
cables/pipelines, construction of artificial islands or any installations, fishing,
mining, research, etc. however, this rule is subject to regulation arising from treaty stipulations.
Jurisdiction: may be exercised by the State on the high seas over the following:
a. Its vesselsthe flag State has jurisdiction over its public vessels wherever they are, and over
its merchant vessels on the high seas. However, UNCLOS considered the flag of convenience
controversy.
b. Piratesthey are enemies of mankind; they may be captured on the open seas by the
vessels of any State, to whose territory they may be brought for trial and punishment.
c. Drug trafficking and slave tradeall States shall cooperate in the suppression of illicit traffic in
narcotics and slave trade.
d. Right to visit and searchuse the law of neutralitythe vessels or aircraft of a belligerent
State may visit and search any neutral merchant vessel on the open seas and capture it if found
to be engaged in activities favorable to the other belligerent.
e. Hot pursuit the State authorities can pursue an offender up to high seas until he enters the
territorial sea of another State.
1. The pursuit must commence from internal waters, territorial sea or contiguous zone, of
pursuing State
2. The pursuit must be uninterrupted
3. It must be conducted by warship, military aircraft, or government ships authorized for the
purpose to international law and the laws of the flag of the state.
Philippine ship
A ship may assume Philippine nationality if it flies Philippine flag and thus become the flag
state. A ship has the nationality of the state whose flag it is entitled to fly. It is for the Philippines
to decide the conditions by which it will accord a ship the right to fly its flag.
It is required that there be genuine link between the Philippines and the ship. However, so
far, no objective criteria have been established to determine the existence
of a genuine link. If no genuine link is found to exist, no legal consequences have been
defined. The result is that the genuine link requirement fails to command broad The Philippines
has exclusive jurisdiction over a Philippine ship on the high seas.
Duties of the Philippines as a flag state with respect to the ship:
1. To maintain a registry of ships authorized to fly its flag;
2. To take jurisdiction over the internal affairs of the ship;

3. To ensure safety at sea of the ship with respect to construction, equipment, and
seaworthiness as well as in regard to labor conditions, training of crew, maintenance of
communication, and prevention of collisions;
4. To ensure that the ship is surveyed by a qualified surveyor of ships and is equipped with
navigation equipment, nautical publications, and charts;
5. To ensure that the ship is manned by qualified master, officers and crew; and
6. To ensure that the officers and crew are conversant with and are required to observe
international regulations concerning safety at sea, prevention of collisions, prevention, reduction
and control of pollution, and maintenance of radio regulations.
General theory of criminal jurisdiction:
General rule: Vessels on high seas are subject to authority of flag-state
Exceptions: piracy, slave trade, hot pursuit, right of approach
Article 97, UNCLOSthe rule today is that no penal or administrative proceedings may be
instituted against the master of the ship except before the judicial or administrative authorities
either of the:
a. Flag-State; or
b. State of which such person is a national.
Arrival under Stressinvoluntary entrance; it may be due to lack of provisions,
unseaworthiness of the vessel, inclement weather, or other cases of force majeure, such as
pursuit of pirates.
Flag Statethe state whose nationality the ship possesses; for it is nationality that gives the
right to fly a countrys flag.
Flag of Convenienceforeign flag under which a merchant vessel is registered for purposes of
reducing operating costs or avoiding government regulations. It is a flag of one country, flown by
a ship owned by a citizen of another country. A vessel shall have
the nationality of the flag it flies, provided there is a genuine link between the State (whose flag
is flown) and the vessel, i.e., the State must effectively exercise jurisdiction and control in
administrative, technical and social matters over the ship.