II.
TERITORY – Satisfy the territorial requirement for statehood even if its
5. SUBJECTS OF INTERNATIONAL LAW: STATES
A. SUBJECTS OF INTERNATIONAL LAW
Are entities endowed with rights and obligations in the international sphere,
in other words they are those who have international personality.
ACTORS IN THE INTERNATIONAL OBJECTS OF INTERNATIONAL LAW
LEGAL SYSTEM
Has the rights and obligations in the Has indirect rights under or are
International sphere beneficiaries of I.L through subjects
of I.L.
B. STATES: COMMENCEMENT OF THEIR EXERCISE
The state as a person of I.L should possess the following qualifications:
(PeDoGoCa)
a.) permanent population;
b.) defined territory;
c.) government;
d.) capacity to enter into relations with other states;
STATE – A community of persons occupying permanently a definite portion of
territory, independent of external control and possessing an organized
government.
I. PEOPLE OR POPULATION – Community of people sufficient in numbers and
capable of maintaining permanent existence sharing common knowledge and
bond of law.
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boundaries have not been finally settled.
III. GOVERNMENT – Possess the power of authority of prescribing them those
rules of action which are necessary to live in a social state.
IV. SOVEREIGNTY – Independence from outside control.
Note: If one or more states do not extend recognition to it, the entity would
not be able to establish relations with those states.
V. SELF-DETERMINATION – Right to freely determine their political status and
freely pursue their economic, social and cultural development.
Note: I.L does not recognize the right of secession of other states which means
the withdrawal of a group from a larger entity.
Right to Secession – To break away to the mother state.
When can be used? – External factors you don’t like the things happening to
your state.
C. RECOGNITION OF STATE
If both states recognized each other they have the capacity to exercise all the
rights belonging to statehood.
DECLARATORY THEORY – Mere declaration of the existence of the state which
depends upon its possession of the required elements.
CONSTITUTIVE THEORY – Constitutes a state which makes a state confers legal
personality and entity.
Note: States may decide to recognize an entity as a state even if does not have
all the elements of a sate.
D. RECOGNITION OF GOVERNMENT
The act of acknowledging the capacity of an entity to exercise powers of
government of a state.
IF there is a CHANGE in gov’t  Ordinary Constitutional procedure 
Recognition comes as a matter of course.
IF there is a new gov’t within a state through extra-constitutional means 
beyond the provisions of a constitution
Recognition by other party is important evidence in the establishing proof of
the existence of a gov’t in the society.
I. THE TINOCO ARBITRATION – The non-recognition by other nations of a govt
claiming to be a national personality, is usually appropriate evidence that it
has not attained the independence and control entitling by international law
to be classed as such.
It can be considered a de facto govt if not established and maintained in
accordance with the constitution of Costa Rica, De Facto conforms to a
previous constitution.
II. UPRIGHT VS MERCURY BUSINESS MACHINES CO. – A foreign govt not
recognized by the US govt may nevertheless have de facto existence which is
juridically cognizable. Acts of de facto govt may affect private rights and
obligations arising in or with persons or corporations.
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E. CONSEQUENCES OF RECOGNITION OR NON-RECOGNITION
RECOGNIZE NOT RECOGNIZE
Once recognized, it increased Bars an entity from all the benefits or
prestige and stability access to them may be suspended
Q: Does the admission of a govt to the UN mean recognition by all members?
A: No. Recognition is only to the extent of the activities of the organization.
Policy of US as regards to Recognition
a.) They control govt; b.) Not Confronted with active resistance
c.) willing to live up to intl obligations
F. SUCCESSION OF STATES
Existing sovereignties can disappear under different circumstances
Epistemological Theory
Tabula Rasa – Blank Slate individuals are born without built in mental content
that all knowledge comes from experience or perception.
I. SUCCESSION OR CONTINUITY
-
When a state succeeds another state with respect to particular territory, the
predecessor state with respect to that territory terminate and are assumed by
the successor state.
STATE PROPERTY BET PREDECESSOR AND SUCCESSOR:
a.) Territory of a state becomes territory of another state, property of the
predecessor state located in that passes to the successor state;
b.) State is absorbed by another state, wherever located in that territory
passes to the successor state;
c.) part of state becomes a separate state, property of the predecessor located
in the territory of the new state passes to the state.
PUBLIC DEBTS
a.) State becomes territory of another state, debts of the predecessor state
under relating to that territory are transferred to the successor state;
b.) State is absorbed by another state, rights and obligations under contracts
of the absorbed state, past to the absorbing state
c.) State becomes a separate state, debt and rights and obligations of the
predecessor state under contracts relating to the territory of the new state
pass to the new state.
TREATIES
a.) Part of the state becomes territory of another state, international
agreements of the predecessor state cease to have effect
Rebus Sic Stantibus Doctrine – Allowing a treaty to become ineffect due to
fundamental change of circumstances.
b.) A state absorbed by another state, I.A of the absorbed state are terminated,
and the IA of the absorbing state become applicable to the territory of o
absorbed state.
c.) Part of a state becomes a new state, the new state does not succeed to the
I.A. to which the predecessor state was party, unless expressly or by
implication. “Clean Slate Theory”
d.) Pre-exisitng boundary and other territorial agreements continue to be
bnding. (Uti Possidetis)
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G. FUNDAMENTAL RIGHTS OF STATES
I. INDEPENDENCE – Capacity of the state to provide for its own well-being and
development free from domination of other states;
II. EQUALITY – Equality of legal rights irrespective of the size or power of state
III. PEACEFUL CO-EXISTENCE – Mutual respect for each other’s territorial
integrity and sovereignty, mutual non-aggression, non-interference in each
other’s affairs and the principle of equality.
H. SOME INCOMPLETE SUBJECTS
a.) Protectorates – Dependent states which have control over their internal
affairs but whose external affairs are controlled by another state.
b.) Federal State – Union of previously autonomous entities. One arrangement
may involve placing full authority in a central organ while another
arrangement might lodge authority.
c.) Mandated and Trust Territories – Territories placed by the League of
Nations under one or other of the victorious allies of WW!
d.) Taiwan – seems to be non-state territory which de jure is part of China.
e.) Sovereign Order of Malta – Italian Court recognized its international
personality and has diplomatic relations with over forty states
f.) Holy See and Vatican City – State of the Vatican and the sovereignty of the
holy see in the field of >R as an attribute that pertains to the very nature of
the Holy Se.. “No permanent population”
6. OTHER SUBJECTS OF INTERNAITONAL LAW
A. INTERNAITONAL ORGANIZATIONS – Establishment, International
personality, immunity
As to existence – International org set up by treaty among two or more states.
As to International Personality – The capacity to bring an international claim
against the responsible de jure or de facto govt
As to any kind of Immunity – Agents must be ensured of effective protection
if the duty carry out satisfactorily
Principle of Specialty – Invested by the states which create them powers,
limits of which are function of the common interests whose promotion those
states entrust to them
I. IMMUNITIES – For basis not sovereignty, as it is for states but the need for
the effective exercise of their functions
II. UN: STRUCTURE AND POWERS
PURPOSE:
a.) Maintain International Peace and Security and to to take effective collective
measures for the prevention and removal of threats to the peace and for the
suppression of acts of aggression or other breaches of the peace, and to bring
about by peaceful means and in conformity with the principles of justice and
international law.
b.) Develop friendly relations among nations based on respect for the principle
of equal right and self-determination of peoples and to take other appropriate
measured to strengthen universal peace
c.) Achieve international co-operation in solving international problems
(economic, social, cultural or humanitarian character) without distinction as to
race, sex, language, or relgion
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d.) Center for harmonizing the actions of nations in the attainment of these
common ends.
III. G.A – all members has plenary powers in the sense that it may discuss any
question or any matter within the scope.
Important Questions vs Other Questions
Former are decided by 2/3 majority of the members voting and present on the
other hand latter require only majority.
IV. SECURITY COUNCIL – primary responsibility for the maintenance of
International peace and security
Procedural Matters vs All Other Matters
Former procedure in nature as regards to the implementation of rules and
regulations, latter requires 9 affirmative votes including concurring votes of
the permanent members
V. ECOSOC – 54 member states elected for three (3) year terms.
VI. TRUSTEESHIP COUNCIL – supervises non-self governing territories,
jurisdiction become very limited.
VII. SECRETARIAT – shall compromise a Sec Fen and such staff as the
organization may require. Elected to a five year term by the G.A. He is the chief
administrator of the organization.
VIII. ICJ - Principal judicial organ of the UN.
IX. OTHER AGENCIES – Other specialized agencies ; UNESCO, ICAO, WHO, FAO,
IMF.
X. REGIONAL ORGANIZATIONS: ASEAN –Plays an important role, neither
organs nor subsidiary organs of the UN. International institutions created by I.
Agreements for dealing regional problems in general or with specific matters.
B. INSURGENTS – I. agreement exclusively regulating the conduct of parties in
a non-international armed conflict.
I. PROTOCOL II – sets down requirements for what it calls material filed of
application
First, armed dissidents must be under responsible command
Second, must exercise such control over a part of its territory
II. COMMON ARTICLE 3 – International law on armed conflict does not apply
to internal conflicts such as civil wars or rebellions.
The ff acts are and shall remain prohibited at ay time:
Violence to life and person : murder of all kinds, mutilation, cruel treatment
and torture
Taking of hostages
Outrages upon personal dignity
Carrying out of executions without previous judgment
Wounded and sick shall be collected and cared for
C. NATIONAL LIBERATIONS MOVEMENTS – organized groups fighting in behalf
of a whole people for freedom from colonial powers.
Characteristics:
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a.) can be based within the territory which they are seeking to liberate or find
a base in a friendly country.
b.) free themselves from colonial domination or racist regime or foreign
occupation
D. INDIVIDUALS - they were objects or at best “beneficiaries” of international
law
7. TERRITORY: LAND, AIR, OUTER SPACE
A. Territory in International Law – Element of a state means an area over
which a state has effective control
Las Palmas Case – Control over territory is of the essence of a state
B. Modes of Acquisition of Sovereignty over Territory - roots of the law on
territorial sovereignty are traceable to roman law
a) discovery and occupation
b.) prescription, cession, conquest and subjugation and accretion
i. Discovery and occupation – acquisition of terra nullius, territory which prior
to occupation belonged to no state or which may have been abandoned by a
prior occupant.
ii. The Island of Palmas – It is impossible to read the records of the decisions
in cases as to territorial sovereignty without observing that in many cases the
tribunal has been satisfied with very little in the ay of the actual exercise of
sovereign rights.
iii. Prescription – requires effective control, the required length of effective
control is longer than in occupation.
iv. Cession – acquisition of territory through treaty, is another mode.
v. Conquest – Taking possession of a territory through armed force
vi. Accretion and Avulsion – lead to sovereignty over territory
ii. is contiguity a mode of acquisition? – It has been argued that the area
belong to the Philippines by contiguity
viii. Interemporal law – The changes on the legality of wars of conquest, the
generally accepted view is that the rules in effect at the time of the acquisition
should be applied
Art1 Sovereignty – every state has complete and exclusive sovereignty
Art2 Territory – shall be deemed to be the land areas and territorial waters
Art3 Civil and State aircraft – apply only to to aircraft
Art4 Mis-use of civil action – no state aircraft of a contracting state shall fly
over over the territory of another without authorization by special agreement
Art5 Right of non-scheduled flight – has the right subject to the convention to
make flights into or in transit nonstop across its territory an to make stops for
non0traffic purposes.
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Art6 Scheduled air services – No scheduled International air service may be
operated over or into the territory of contracting state. Except with the special
permission or other authorization of the state.
Art7 Cabotage – Each contracting state shall have the right to refuse
permission to the aircraft of other contracting states.
C. Airspace – was completely free before the WW1 , upon realization each
state has exclusive jurisdiction over the air space above its territory.
D. Outer space – The assertion under air space law used to be that air
sovereignty extended to an unlimited extent, usque ad coelum. The
development
1967 Treaty on the Exploration and Use of Outer Space. Some of its key
provisions are the following:
Article I. The exploration and use of outer space, including the moon and other
celestial bodies, shall be carried out for the benefit and in the interests of all
countries, irrespective of their degree of economic or scientific development,
and shall be the province of all mankind
Article 11. Outer space, including the moon and other celestial bodies, is not
subject to national appropriation by claim of sovereignty, by means of use or
occupation, or by any other means.
Article III. States Parties to the Treaty shall carry on activities in the exploration
and use of outer space, including the moon and other celestial bodies, in
accordance with international law, including the Charter of the United
Nations, in the interest of maintaining international peace and security and Anglo-Norwegian Fisheries Case – For the purpose of measuring the breadth
promoting international co-operation and understanding. of the territorial sea, low-water mark as opposed to the high-water mark,
which has generally been adopted in the practice of States.

Article V. States Parties to the Treaty shall regard astronauts as envoys of Sovereignty over Territorial Sea – the sea is subject to the right of innocent
mankind in outer space and shall render to them all possible assistance in the passage by other states.
event of accident, distress, or emergency landing on the territory of another
State Party or on the high seas. When astronauts make such a landing, they
shall be safely and promptly returned to the State of registry of their space
vehicle.

Article IV. States Parties to the Treaty undertake not to place in orbit around
the Earth any objects carrying nuclear weapons or any other kinds of weapons
of mass destruction, install such weapons on celestial bodies, or station such
weapons in outer space in any other manner.

Note: The Moon and other celestial bodies shall be used by all States Parties
to the Treaty exclusively for peaceful purposes.

8. TERRITORIAL SEA – Belt of sea outwards from the baseline and up to 12

nautical miles

Base lines : Normal or Straight

Baseline – the low-water line along the coast as marked on large scale charts
recognized by the coastal state. -

Normal – drawn following the low-water line along the coast as marked on
large-scale charts

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