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ADDITIONAL NOTES
- Legal effects of reservations
With regard to another party: Modifies for the reserving State (in its relations with that other
party) the provisions of the treaty to which the reservation relates to the extent of the
reservation; and modifies those provisions to the same extent for that other party in its
relations with the reserving State.
The reservation does not modify the provisions of the treaty for other parties to the treaty
inter se
With regard to an objecting State: If an objecting State does not oppose the entry into force
of the treaty between itself and the reserving State, the provisions to which the reservation
relates do not apply as between the two States to the extent of the reservation.
- It can be said that neither there is no absolute immunity from criminal jurisdiction enjoyed by those
who have consular immunities. They are liable for the commission of grave crimes. Article 42 states
that the receiving State must notify the head of the consular post in case any member of the consular
staff is subject to arrest, detention or the institution of criminal proceedings. They are also not subject
to arrest or detention pending trial.
- On the other hand, diplomats enjoy absolute criminal immunity within the receiving State’s
jurisdiction. The remedy of the State is to declare him persona non grata.
- US v. Iran (ICJ): WON Iran violated the two Vienna Conventions when some of its students seized
the US Embassy in Tehran and held hostages for 444 days. Ruling: The Court recognized that Iran
failed to comply with its duties to protect the US Consulates and failed to use the means at their
disposal to comply with said obligations. They did not employ the remedies placed at their disposal
by diplomatic law. It instead indorsed the action of the militants and maintained their occupation of
the US Embassy. Iran resorted to coercive action against the US Embassy and its staff which was
tantamount to repeated and multiple breach of the provisions of the Vienna Conventions.
- ACT OF STATE DOCTRINE: “Every sovereign state is bound to respect the independence of every
other sovereign state. The courts of one country will not sit in judgment on the acts of the
government of another, done within its own territory. Redress of grievances by reason of such acts
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Maniego | Public International Law, Fr. Joaquin Bernas | 2A 2012
must be obtained through the means open to be availed of by sovereign powers as between
themselves.”
STRAIGHT BASELINE METHOD, as employed by the Philippines
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Maniego | Public International Law, Fr. Joaquin Bernas | 2A 2012
Take note: Everything outside the TERRITORIAL SEA is considered HIGH SEAS already, regardless of zones.
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