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CHAPTER 1 rules of int’l law are not per se binding upon the State but
INTERNATIONAL LAW- Is the body of legal rules which must first be embodied in legislation enacted by the law-
apply between sovereign States and such other entities as making body and so transformed into municipal law.
have been granted international personality. - Rule: Reconcile apparent contradiction and
DIVISIONS thereby give effect, if possible to both.
1. Law Of Peace- Normal relations of States Presumed that municipal law is always enacted
2. Law of War- during war and hostilities with due regard with PIL.
3. Law of Neutrality- relations with belligerents or SANCTIONS IN INTERNATIONAL LAW
those involved in war SANCTIONS - The compulsive force of reciprocal
DISTINCTIONS WITH MUNICIPAL LAW advantage & fear retaliation
MONISTS- Fundamental notions of int’l law cannot be Kinds of Sanctions
comprehended without assumption of superior legal order - observance will redound to the welfare of the
from which systems of municipal law are derived. whole international community.
DUALISTS - Sanction- compelling force to obey the law.
MUNICIPAL LAW INTERNATIONAL LAW - Normal habits of obedience in man as a social
Issued by a political Adopted by States as a being
superior for observance by common rule of action - Desire to protect agreeable public image in
those under its authority order to maintain goodwill and favorable regard
Enactments from law From sources such as int’l to the rest of the family of nations. (respect for
making authority customs, conventions and world opinion)
general principles of int’l law - Fear of retaliation by other states
Regulates relations of Regulates relations between - Machinery of the UN
individuals among States and int’l persons - May consist of appeal to public opinion,
themselves publication of correspondence, censure by
Violations redressed thru Resolved thru state-to-state parliamentary vote, demand for arbitration with
local/administrative and transactions the odium attendant on a refusal to arbitrate,
judicial processes (negotiations/arbitration or reprisals etc…
reprisals/war) PEREMPTORY- applied to something which removes or
Breaches entails Individual Collective/attaches to state takes away an existing claim or right
responsibility - A peremptory exception is a plea which if
sustained will require final dismissal of the
RELATION TO MUNICIPAL LAW action contracted by dilatory plea.
DOCTRINE INCORPORATION- (emphasizes amenability to - A writ or order like mandamus which requires
Int’l Law) By affirming their recognition of the principles of unqualified obedience contracted with an
international law in their constitutions alternative writ.
CONCEPTS CONCEPT followed, true law only if prescribed by political
INTERNATIONAL MORALITY/ETHICS- Principles which superior with power to punish violators, therefore IL is not
govern relations of States from the higher standpoint of a true law.
conscience, morality, justice and humanity OTHER VIEW: IL A TRUE LAW. Society may voluntarily
INTERNATIONAL COMITY- Refers to those rules of courtesy adopt and obey although no specific penalty imposed for
observed by states in their mutual relations. non-observance.
regulations, created by action of int’l conferences or Essentially subjective Process by which
commissions which regulate relations of int’l and nat’l. dependent on volition of observance may be
agencies. the entity which is compelled usually by force
INTERNATIONAL DIPLOMACY- Objects of int’l or nat’l policy governed by law or threat of force
and conduct of foreign or int’l affairs; application of
intelligence and tact in the conduct of official relations ENFORCEMENT- process by which such observance may
between independent states be compelled, usually by force or at least the threat of
NATURALIST SCHOOL- Natural and universal principle of States are able to enforce international law thru
right and wrong, independent of any mutual intercourse international organizations or regional groups.
or compact which is supposed to be discovered or Before resorting to Int’l Orgs may resolve thru
recognized by the individual through the use of his reason DIPLOMATIC TALKS or HOSTILE MEANS.
and conscience. International law is a law above the state After war: Prosecution of war criminals & collection of
POSITIVIST SCHOOL- Binding force of int’l law derived reparations.
from the agreement of states. A law of coordination not May be treated as a part of municipal law.
subordination. Positive identification or acknowledgement FUNCTIONS OF INTERNATIONAL LAW
of the law necessary to make it binding, on states it 1. Establish peace and order in the community of
purports to govern. Consent is asserted, expressed, nations and to prevent employment of force in
implied, presumed. international relations.
ECLECTICS- Compromise position. System of int’l law is 2. Promote world friendship by leveling barriers
based on the dictate of right reason as well as the 3. Encourage and ensure greater international
practice of states. In case of conflict: natural law is to cooperation in the solution of certain common
prevail. problems of political, economic, cultural or
Grotius- father of int’l law. humanitarian character.
Voluntary law may blend with the natural law and be 4. Aims to provide for orderly management of the
indeed the expression of it. relations of states on the basis of substantive rules
ENFORCEMENT OF INTERNATIONAL LAW they have agreed to observe.
ART. 387 ICJ Statute- Sources of International Law 2. Inability at times to adjust swiftly to developments.
Treaties Decisions of courts USAGE- also a long established way of doing things by
Conventions Writings of publicists states not coupled with the conviction that it is obligatory
Customs and right. Ex. Maritime Ceremonials
General principles of law GENERAL PRINCIPLES OF LAW- Mostly derived from law of
nature; observed by majority of states because believed
ART. 387- The court, whose function is to decide in to be good and just. Ex. Prescription, estoppel, pacta sunt
accordance with international law such disputes as are servanda, consent, res judicata.
submitted to it shall apply: Based on reason and conscience.
a. Int’l conventions, general or particular, establishing SECONDARY SOURCES
rules expressly recognized by the contesting state - No distinction as to decisions of int’l or nat’l
b. International custom, as evidence of a general tribunals.
practice accepted by law. - As long as undertakes to establish true rule of
c. General principles of law recognized by civilized law
nations - STARE DECISIS not applicable in IL decisions of
d. Judicial decisions and teachings of most highly the court binding only upon the parties.
qualified publicists of various nations, as subsidiary - Writings of publicists= mere qualifications not
means for determination of rules of law enough; fair and unbiased representation.
Particular IL- Ex. Bilateral treaty CHAPTER 3
Except: if of the same nature, practically uniform INTERNATIONAL COMMUNITY- Body of juridical entities
provisions and concluded substantial # of states. which are governed by the law of nations.
Ex: standard extradition treaties - Includes other international persons
General Rule: to be a direct source, MUST BE CONCLUDED SUBJECT OBJECT
BY SIZABLE # OF STATES. - Entity that has - Person or thing in
OR if intended to lay down rules for the observance of all, rights and respect of which
subsequently signed by other states. responsibilities rights are held
CUSTOM- (Fenwick) A practice which has grown up under the law and obligations
between states and has become accepted as binding by - Faculty of assumed by the
the mere fact of PERSISTENT USAGE over a long period of Motivation: can be subject
time. a proper party to - Not governed by
Ex: Immunity for foreign heads of states or diplomats transactions IL
(principle of extraterritoriality) - Rights and
PROBLEMS: responsibilities
1. Determination when a practice can be considered imposed thru
to have hardened enough into custom instrumentality of
intermediate personality protectorate and
agency - Simple or suzerainty
somposite either - do not have control
STATE- A group of people living together in a definite of which of their external
territory under an independent government organized for neutralized relations
political ends and capable of entering into international
NATION- racial/ethnic concept; indicates a relation of birth INDEPENDENT STATES- State which is not subject to
or origin and implies a common race, usually dictation from others
characterized by community of language and customs. A. SIMPLE STATE- one placed under a single and
ELEMENTS OF STATE/NATION centralized government exercising power over both
1. Permanent population its internal and external affairs.
2. Definite territory B. COMPOSITE STATE- consists of 2 or more states,
3. Government each with its own separate government but bound
4. Sovereignty or independence under a central authority exercising, to a greater or
5. Recognition by other states less degree, control over their external relations.
6. Possession of sufficient degree of civilization 1. REAL UNION- 2 or more states merged
PEOPLE- human beings living in a territory under a unified authority so that they
TERRITORY- fixed portion of the surface of the earth in form a single int’l person, thru which they
which people of the state reside. (defined territory act as one entity; states forming this
necessary for jurisdictional reasons) union retain their separate entities.
- Must be big enough to be self-sufficient; small 2. FEDERAL UNION- Combination of 2 or
enough to be administered and defended. more sovereign states which upon merger
GOVERNMENT- agency thru which the will of the state is cease to be states, resulting in the
formulated, expressed and realized creation of a new state with full
SOVEREIGNTY- power of the state to direct its own international personality to represent
external affairs without interference or dictation from them in their external relations as well as
other states. certain degree of power over their
CAPACITY OF STATES- recognition of a state is considered domestic affairs and inhabitants; there
a political act which may not be compelled. are some, in conformity with municipal
- Restricted capacity of the state to discharge int’l law, do not exercise full direction.
obligations owing either to treaty commitments 3. CONFEDERATION- An organization of
or to its limited resources states which retain their sovereignty,
CLASSIFICATION OF STATES while delegating to the collective power
INDEPENDENT DEPENDENT to represent them as the whole for
- Full international - exemplified by the certain limited and specified purposes;
each member state, able to maintain 2. Has a right of legation
international relations; imperfect int’l 3. Can assert diplomatic claim on behalf of its officials
person. 4. Treaties may be concluded with it
4. PERSONAL UNION- 2 or more independent 5. Trust territories under residual sovereignty
states are brought together under the 6. Can wage war thru exercise of power to undertake
rule of the same monarch; does not enforcement action in case of threat to or breach of
become one int’l person; external policies int’l peace.
directed by the same rules. VATICAN CITY- an observer in the UN, does not have
5. INCORPORATE UNION- A union 2 or more voting right.
states under a central authority Lateran Treaty- for the purpose of assuring to the Holy
empowered to direct both their external See absolute visible independce and of guaranteeing it
and internal affairs and possessed of absolute and indisputable sovereignty in the field of
separate international personality; differs international relations; Sovereign of the Supreme Pontiff
from real union as only external affairs - Exercises treaty making power and right of
are controlled. diplomatic intercourse
C. NEUTRALIZED STATES- WON Simple/Composite - Treaty recognizes full ownership, exclusive
may be neutralized by agreement with other dominion and sovereign authority and
states; guarantee integrity and independence jurisdiction of the Holy See over the Vatican
provided it refrains from taking any act that will COLONIES AND DEPENDENCIES
involve it in war or other hostile activity except for Part and parcel of the parent state thru which all its
defensive purposes. external relations are transacted with other states;
NEUTRALIZED GUARANTEEING instances where such entities have been allowed to
Remove from anxiety Humanitarian or political: participate in their own right in international undertakings
and expenses of int’l balance of power or MANDATES AND TRUST TERRITORIES
politics. buffer to relieve SYSTEM OF MANDATES- established to avoid outright
Ex. Switzerland international friction. annexation of the underdeveloped territories taken from
defeated powers
D. DEPENDENT STATES (Semi-sovereign)- a legal 3 KINDS OF Trust Territories
paradox: states of statehood implies independence, 1. Under mandate of the League of Nations
possessed of sovereignty; subject to control of 2. Detached from defeated states after WW2
other states in the direction of external affairs 3. Voluntarily paced under by States responsible for
UNITED NATIONS their administration
Purposes why Regarded as international person: - Sovereignty held in abeyance until recognition
1. Enjoys certain privileges and immunities (e.g. as independent state is obtained
nonsuability, inviolability of premises and archives, BELLIGERENT COMMUNITIES- recognizing state: while not
tax exemption) conferring all rights of an independent state, concedes to
the government recognized the rights and imposes upon
it the obligations of an independent state in matters Applies not only to members of the org. but also to non-
relating to war being waged; for purposes of conflict it is member states so far as necessary for the maintenance of
an international person; an inchoative state. int’l peace and security.
2 CONDITIONS MUST CONCUR:l Art. 103- conflict between obligations of members of the
1. Purposes mainly non-political UN under the Charter and obligations under other int’l
2. Autonomous agreement; obligations with charter prevails.
TRADITIONAL CONCEPT: Individual a concept of Amendments- may be proposed by 2/3 of conference;
international law; if right violated, redress only thru the come into force upon 2/3 votes of the GA; ratified by 2/3
state of members including permanent members of the SC
ANOTHER VIEW: Individual is basic unit of society,
national and international ultimately governed by the law GENERAL CONFERENCE- may be called by majority vote of
of society including those theoretically binding upon GA and 9 members of the SC for purpose of reviewing the
states as agents of individual. charter.
- UN Charter reaffirms faith in fundamental HR PREAMBLE- introduces the charter and sets the common
- Universal declaration of HR recognition of intentions that moved original members to unite will and
inherent dignity and of the equal and inalienable efforts to achieve common purpose.
rights of all members of human family Content:
- Treaties directly confer rights upon individuals 1. To save succeeding generations from the scourge
and authorize them to bring lawsuits against of war
states before national and international 2. To reaffirm the faith in fundamental human rights
tribunals. (ex. Treaty of Versailles) 3. To promote social progress and better standards of
CHAPTER 4 4. To practice tolerance and live together in peace
5. To unite strength and maintain int’l peace and
UN Charter- 111 articles, statute of ICJ annexed and security
integral part. 6. To ensure by accepted principles that armed force
Regarded as: shall not be used
TREATY- derives binding force from the agreement of the 7. To employ int’l machinery for the promotion of
parties to it. economic and social advancement of all peoples.
CONSTITUTION- provides for the organization and
operations of the different organs of the UN; adoption of PURPOSE- the aggregation of common ends
change thru amendment. 1. To maintain int’l peace and security
2. To develop friendly relations among nations based 7. Principle of Non-Intervention- nothing in the Charter
on respect for the principles of equal rights and self shall authorize the UN to intervene in matters
determination of peoples which are essentially within the domestic
3. To achieve int’l cooperation in solving int’l jurisdiction of any state or shall require the
problems members to submit such matters to settlement
4. To be center for harmonizing the actions of nations under the present charter; this principle shall not
in the attainment of these common ends. prejudice application of enforcement.
PRINCIPLES- deals with methods and regulating norms 2 KINDS
according to which the UN and its members shall 1. Original- 51 members; those who participated in
discharge their obligations the UN conference & signed declaration on Jan
1. Organization is based on the principle of the 2. Elective
sovereign equality of all its members. Distinction: Manner of admission
2. All members, in order to ensure to all of them the
rights and benefits resulting from the membership QUALIFICATIONS FOR ELIGIBILITY
shall fulfill in good faith the obligations assumed by 1. It must be a state
them in accordance with present charter. 2. It must be peace loving
3. All members shall settle their int’l disputes by 3. It must accept the obligations of the charter
peaceful means in such manner that int’l peace, 4. It must be able to carry out these obligations
security and justice are not endangered. 5. It must be willing to carry out these obligations
4. All members shall refrain from the threat or use of Admitted thru a vote of the GA upon favorable
force against territorial integrity or political recommendation by the SC
independence of any state, or in any other manner
inconsistent with the purposes of the UN. SUSPENSION OF MEMBERS
5. All members shall give The UN every assistance in - Takes place when preventive or enforcement
any action it takes in accordance with the present action taken by the SC
charter; and shall refrain from giving assistance to - Effected thru 2/3 vote of those present in the GA
any state against which the UN is taking upon favorable recommendation of 9 members
preventive or enforcement action. of SC
6. Organization shall ensure that states which are not EFFECT
members of the UN act in accordance with these 1. Non-participation in meetings of the GA
principles so far as necessary for the maintenance 2. Cannot be elected or continue to serve in the SC,
of int’l peace and security ESC or TC
GR: Treaties binding upon parties. 3. Nationals of suspended member may continue
EXC: Principle #6 serving in ICJ
4. Must still discharge obligations under the charter
Member which persistently violates principles in the Representative of the UN
charter may be expelled by: Each member: 5 Rep., 5alternate, technical staff
- 2/3 vote of those present in the GA Regular Session: 3rd Tuesday of September
- Upon favorable recommendation of SC by Special Session: @ call of majority of members or request
qualified majority vote. of the SC
No express provision When 2/3 vote required:
UN May permit withdrawal if: 1. Recommendations on int’l peace and security
a. Organization was revealed to be unable to maintain 2. Election of members of the council
peace or could do so only at the expense of law 3. Admission
and justice 4. Suspension and expulsion
b. Member’s rights and obligations as such were 5. Trusteeship system
changed by a charter amendment which it had not 6. Budgeting matters
concurred or which it finds unable to accept All other matters majority vote of those present and
c. An amendment duly accepted by the necessary voting
majority either in the GA or in the general
conference is not ratified. FUNCTIONS:
1. Deliberative- ex. Initiating studies and making
ORGANS OF THE UN recommendations for dev’t of IL
PRINCIPAL 2. Supervisory- receiving and considering annual &
1. GA special reports from other organs;
2. SC recommendations for coordination.
3. ESC 3. Financial
4. ICJ 4. Elective- election of non-permanent members of
5. Secretariat the SC, ESC, TC,SG, Judges of the ICJ
SUBSIDIARY 5. Constituent- admission of members and
1. Military staff committee amendment of charter
2. Int’l law commission
SPECIALIZED AGENCIES Key organ for maintenance of int’l peace and security.
1. WHO
3. Technical Asst. Board etc… 1. China
2. France LIMITATION: dispute is int’l unless parties submit matter
3. US to UN
4. UK
5. Russia SC also approves trusteeship agreements; constituent
10 ELECTED MEMBERS- 2yr term
2 Latin America All members elected by GA for a term of 3 years; may be
2 W. Europe re-elected immediately.
1 E. Europe/other states
Not eligible for immediate re-election Meet in regular session in accordance with rules; special
session at the request of the majority
VOTING- governed by the YALTA FORMULA
1 VOTE/MEMBER 1 VOTE/MEMBER, Decision= majority vote

PROCEDURAL Matters- 9 or more votes Members of the UN/Specialized Agencies may participate
SUBSTANTIVE Matters- 9 including 5 permanent members but without vote.
Pacific settlement of a dispute- no member who is a party
to such dispute can vote. EFFORT TOWARDS
1. Higher Standards of living, full employment,
VETO- prevent agreement on a non-procedural question conditions of economic and social progress
even if supported by all 2. Solutions of int’l economic, social, health and
DOUBLE VETO- it can disprove any proposal to consider a related problems, int’l cultural and educational
question merely procedural and thereafter vote against cooperation
the question on the merits. 3. Universal respect for and observance of HR and
fundamental freedoms without distinction
Absence of a permanent member in connection w/ voting ESC assisted by subsidiary organs.
on a non-procedural question is considered a veto,
proposal is deemed adopted if approved by at least 9 May enter into agreements subject to approval of GA with
members including remaining permanent members. specialized agencies.

Purpose of Yalta Formula: ensure unity of permanent INTERNATIONAL COURT OF JUSTICE

members. - Judicial Organ of the UN
- Functions in accordance with the Statute
SC may take steps for pacific settlement of disputes and
preventive/enforcement action.
- Non-member may become a party on 1. Decide contentious cases- only States, including
conditions determined by the GA upon non-members of the UN may be parties
recommendation of the SC 2. Render advisory opinions.
COMPOSITION: 15 members; elected by absolute majority JURISDICTION- based on the consent of the parties as
vote of GA and SC manifested under the OPTIONAL JURISDICTION CLAUSE
(Comprises all cases which they refer to it and all matters
QUALIFICATIONS especially provided for in the Charter, treaties or
1. High moral character conventions in force.
2. Possess qualifications required in respective Advisory Opinions- may be given by the Court upon
countries for appointment to their highest judicial request of the GA, SC, other organs of the UN, when
offices or AUTHORIZED by the GA, on LEGAL QUESTIONS arising
3. Juriconsults of recognized competence in int’l law within the scope of their activities.

- No 2 members of the court may be nationals o SECRETARIAT

the same state; if more than 1 national of same - Chief Administrative Organ of the UN headed by
state obtain majorities, only eldest considered the Secretary-General
elected - Sec. Gen. Chosen by the GA upon recommendation
- Election of judges should assure reperesentation of the SC
of main forms of civilization and principal legal - Term fixed at 5 Years by resolution of the GA, may
systems of the world. be re-elected.
- Sec. Gen. highest representative of the UN,
TERM: 9 years; may be re-elected authorized to act in its behalf.
No judge can be removed UNLESS, in the unanimous Entitled to:
opinion of the members, he has ceased to fulfill the a. Full diplomatic immunities and privileges which
required conditions. only the SC may waived.
Court shall elect a PRESIDENT and VICE-PRESIDENT who - Sec. Gen. may waive immunities and privileges of
shall serve for 3 years and may be re-elected. other key-officials of the UN
It shall remain permanently in session at the Hague or - Sec. Gen. with duty to:
elsewhere EXCEPT during judicial vacations a. Bring to SC attention matters which in his
May meet either EN BANC, or in CHAMBERS composed of opinion threaten int’l peace and security. ( May
3 or more judges be personally mediated by him upon authority
All questions are decided by a MAJORITY of the judges of the SC)
PRESENT. b. Act as secretary in all meetings of the GA, SC,
Quorum: 9 when full Court is sitting. ESC and TC
FUNCTIONS: c. Performs other functions as may be assigned to
him by the above organs
d. Prepares the budget of the UN for submission to - From moment of creation, state continuous as a
the GA justice being notwithstanding changes in
e. Provides technical facilities to diff. organs circumstances.
f. Coordinates vast administrative machinery FENWICK: Once its identity as an international person
- Sec. Gen. and members of his staff are int’l officers has been fixed and its position in the international
solely responsible to the Organization, prohibited community established, the state continues to be the
from seeking or receiving instruction from any same corporate person, whatever changes may take
government or any other external authority. place in its international operation and government.


- The reigning sovereign represents the national
sovereignty and the sovereignty is continuous and
perpetual, residing in the proper successors of the
sovereign for the time being.
CHAPTER 5 - Sovereignty does not change but merely the person
or persons in whom it resides
STATE- Basic unit of the international community; EXTINCTION OF A STATE
4 ELEMENTS 1. Population wiped out by epidemic
1. People 2. Population emigrate en masse
2. Territory 3. Government overthrown not replaced
3. Government 4. State merged with another
4. Sovereignty
MANNER OF CREATION - Takes place when one state assumes the rights and
1. Revolution obligations of another because of certain changes
2. Unification in the condition of the latter
3. Secession 2 TYPES
4. Assertion of Independence 1. UNIVERSAL- when a state annexed to another state
5. Agreement or is totally dismembered or merges with another
6. Attainment of Civilization state.
2. PARTIAL- when a portion of the territory of a state
PRINCIPLE OF STATE CONTINUITY secedes or is ceded to another, or when an
independent state becomes a protectorate or
suzerainty; dependent state acquires full
sovereignty. CHAPTER 6
- Admission in family of nations dependent upon
CONSEQUENCES OF STATE SUCCESSION acknowledgment of its status by those already
1. Allegiance of inhabitants transferred- naturalization within the fold and willingness to enter into
en masse. relations with it as a subject of international law.
2. Political laws of former sovereign automatically
abrogated and may be resorted only by a positive 2 VIEWS ADMISSION
act on the part of the new sovereign. 1. MAJORITY THEORY- Recognition is merely
EXCEPTION: non-political laws deemed continued declaratory and only affirms pre-existing fact that
unless changed. the entity being recognized already possesses the
3. Treaties of political, commercial, extradition in status of an international person.
nature 2. MINORITY VIEW- recognition is constitutive, it is the
EXCEPTION: Dealing with local rights and duties. last indispensable element that converts or
4. All rights of predecessor state inherited by the constitutes the entity being recognized into an
successor state but not all liabilities. Successor may international person.
choose which state. - Regarded as mandatory and legal.
- May be demanded as a matter of right upon
SUCCESSION OF GOVERNMENTS showing 4 essential elements of a state.
- One government replaces another either peacefully - Recognition may be executed by individual states
or by violent methods. or a no. of them.
- Integrity of the state not affected. Ex. Phil. President
- State continuous, lawful representative changed Basis: treaty making power of the president
- Rights of predecessor government are inherited in
toto by the successor government.
- Obligations= distinction made according to manner OBJECTS OF RECOGNITION
of establishment of the new government 1. STATE- generally held to be irrevocable and imports
the recognition of its government.
ESTABLISHED THRU CONSTI REFORM 2. GOVERNMENT- may be withdrawn and does not
- Duly ratified in a plebiscite, obligations of replaced necessarily signify the existence of a state as the
government are completely assumed. government may be that of a mere colony.
3. BELLIGERENCY- does not produce the same effects
ESTABLISHED THRU VIOLENCE as the recognition of states and governments
- May lawfully reject purely personal or political because the rebels are accorded international
obligations but not those contracted in the ordinary personality only in connection with the hostilities
course of official business. they are waging.
KINDS OF RECOGNITION - A free act by which one or more states
1. EXPRESS- acknowledge the existence on a definite territory of
a. Verbal or in writing a human society politically organized, independent
b. May be extended thru a formal proclamation of any existing state, and capable of observing
c. an announcement obligations of international law, by which they
d. a stipulation in a treaty manifest therefore their intention to consider it a
e. a letter or telegram member of the international community.
f. On occasion of an official call or conference
2. IMPLIED - Recognition of the new government of a state
- When the recognizing state enters into an official which has been already recognized is the free act
intercourse with the new member by exchanging by which one or several states acknowledge that a
diplomatic representatives with it, concluding with person or a group of persons is capable of binding
it a bipartite treaty dealing comprehensively with the state which they claim to represent and witness
their relations in general their intention to enter into relations with them.
- Acknowledging its flag or otherwise entering into a
formal relations with it
- Belligerent community- recognition is implied when
the legitimate government blockades a port held by 2 Types Government
the former or when other states observe neutrality 1. De Jure
in conflict - Satisfies requirements of objective and subjective
ACT CONSTITUTING RECOGNITION must give a clear - If does not sufficiently comply may be considered
indication of an intention: as de facto temporarily.
1. To treat with the new state as such or - No indication of kind of recognition being extended
2. To accept the new government as having authority PRESUMED: DE JURE
to represent the state it purports to govern and to 2. De Facto
maintain diplomatic relations with it or a. That which is established by the inhabitants
3. To recognize in the case of insurgents that they are who rise in revolt against and depose the
entitled to exercise belligerent rights legitimate regime.
b. That which is established in the course of
Effect of common membership in I.O. of states not war by the invading forces of one belligerent
previously recognized each other- deemed to in the territory of the other belligerent, the
recognize each other only within said body. government which is also displaced.
c. That which is established by the inhabitants 2. To repel external aggression
of a state who secede therefrom without
overthrowing its government. SUBJECTIVE TEST- may be employed for the purpose of
justifying the withholding of recognition from a
TOBAR or WILSON PRINCIPLE government that is politically unacceptable.
- Recognition shall not be extended to any
government established by revolution, civil war, DE JURE DE FACTO
coup, or other forms of internal violence until the - Relatively permanent - Provisional
freely elected representatives of the people have - Vests title in the - No title to
organized a constitutional government. government to its government
properties abroad properties abroad
STIMSON PRINCIPLE - Full diplomatic - Limited juridical
- Against governments established as a result of relations relations
external aggression.
- Incumbent upon the members of the LON not to EFFECTS OF RECOGNITION OF STATES AND
recognize any situation, treaty, agreement which GOVERNMENTS
may be brought about by means contrary to the 1. Full diplomatic relations are established except
Covenant of the LON where the government recognized is de facto.
2. The recognized state or government acquires the
ESTRADA DOCTRINE right to sue in the courts of the recognizing state.
- Government declared that it would, as it saw fit, - Mere breach of diplomatic relations does not
continue or terminate its relations with any country withdraw the right to sue
in which a political upheaval had taken place and in
so doing does not pronounce judgment, either
precipitately or a posteriori, regarding the right of DOCTRINE OF STATE IMMUNITY
foreign nations to accept, maintain or replace their - A foreign sovereign in the municipal courts of
governments or authorities. another state would be an insult which is entitled to
resent and would certainly vex the peace of
Current Practice: extend recognition to a new government nations.
only if shown that it has control of the administrative
machinery of the state with popular acquiescence and 3. The recognized state or government has a right to
willing to comply with its international obligations the possession of the properties of its predecessor
in the territory of the recognizing state.
OBJECTIVE TEST 4. All acts of the recognized state or government are
1. Government must be able to maintain order within validated retroactively, preventing the recognizing
the state
state from passing upon their legality in its own 3. Relations with other states governed by laws of
courts. neutrality
4. Entitled to full war status as regards all other states
RECOGNITION OF BELLIGERENCY 5. When extended, effective only as to third states
- Exists when inhabitants of a state rise up in arms extending recognition.
for the purpose of overthrowing the legitimate
government. CHAPTER 7


- Merely an internal - Initial stage of 1. Right of Existence & self defense
affair of the state and belligerency 2. Sovereignty and independence
does not produce - Directed by military 3. Right of equality
much international authorities 4. Right of property and jurisdiction
repercussion - Usually not 5. Right of legation or diplomatic intercourse
- Under a civil recognized
government Right if existence and self defense- most comprehensive
- Rules for recognition because all rights are supposed to flow or derived from it
of belligerency - State may take measures as may be necessary to
resist any danger to its existence.
1. There must be an organized civil government - A NECESSITY OF SELF DEFENSE INSTANT,
directing the rebel forces OVERWHELMING AND LEAVING NO CHOICE OF
2. The rebels must occupy a substantial portion of the MEANS AND NO MOMENT OF DELIBERATION
territory state - Right may be resorted only upon clear showing of
3. The conflict between the legitimate government grave and actual danger to the security of the state
and the rebels must be serious, making the - Limited by necessity and kept clearly within it.
4. The rebels must be willing and able to observe the Art. 52, Sec. 1
laws of war - Nothing in the present Charter precludes the
existence of regional arrangement or agencies for
CONSEQUENCES OF RECOGNITION dealing with such matters relating to the
1. Considered a separate state for purposes of the maintenance of international peace and security as
conflict. are appropriate for regional action , provided that
2. Relations governed by laws of war such arrangements or agencies and their activities
are consistent with the purpose of the UN.
e. The use of armed forces of one state which are
EX. NATO within the territory of another state with the
agreement of the receiving state, in contravention
BALANCE OF POWER with the conditions provided for in the agreement
or any extension of their presence beyond the
An arrangement of affairs so that no state shall be in a termination of the agreements
position to have absolute mastery and dominion over f. Action of a state in allowing its territory to be used
others. by another for perpetrating an act of aggression
g. The sending by or on behalf of a state of armed
AGGRESSION force against another of such gravity as to amount
to the acts listed above…
Art. 1- is the use of armed force by a state against the
sovereignty, territorial integrity or political independence Art. 4- acts not exclusive, SC may determine other acts
of another state, or in any other manner inconsistent with which constituite aggression
the Charter of the United Nations…
Art. 5-
Art. 2- the first use of armed forces by a State in 1. No consideration of whatever nature may serve as
contravention of the Charter shall constitute prima facie justification for aggression
evidence of an act of aggression although the SC may, in 2. A war of aggression is a crime against international
conformity with the charter, conclude that a peace
determination that an act of aggression has been 3. No territorial acquisition or special advantage
committed would not be justified in the light of other resulting from aggression is or shall be recognized
relevant circumstances, including the fact that the acts as lawful.
concerned o their consequences are not of sufficient
Art. 3- Acts qualified as aggression
a. Invasion or attack by the armed forces of a State of SOVEREIGNTY- is the supreme, uncontrollable power
the territory of another, or any military occupation, inherent in a state by which that state is governed; it is
however temporary resulting from such invasion or the power of the state to command and enforce
attack or any annexation by the use of force obedience, the power to which, all interests are practically
b. Bombardment by the armed forces of a state subject and all wills subordinate.
against another
c. The blockade of ports or coasts 2 ASPECTS
d. An attack by the armed forces on land, sea or air 1. INTERNAL- refers to the power of the state to direct
forces, or marine and air fleets of another its domestic affairs.
2. EXTERNAL- signifies the freedom of the state to ALLOWED only in the following Instances:
control its own foreign affairs; more often referred 1. Action is agreed upon by Treaty;
to as independence. 2. When requested by sister states;
3. From the United Nations by the parties to a dispute;
IDEAL OF INDEPENDENCE 4. By a state beset by rebellion.
- Right to independence is a NATURAL ASPIRATION of
peoples that has, albeit only lately, received UN Declaration of Rights
international recognition. 1. Every State has the duty to refrain from
intervention in the internal/external affairs of the
2. No State or group of States has the right to
FENWICK: Independence cannot be regarded as intervene directly or indirectly, for any reason
importing absolute freedom. It only means freedom from whatever, in internal/external affairs of any other
control by any other state or group of states and not State.
freedom from the restrictions that are binding on all 3. No state may use or encourage the use of coercive
states forming the family of nations. Like liberty the measures of an economic or political character in
individual must submit to limitations imposed for the order to force the sovereign will of another state
welfare of the community. and obtain advantages of any kind.
Ex. Principle of Mare Liberum- will prevent from arrogating
to itself the exclusive use of open seas to the detriment of DRAGO DOCTRINE
other states.
- Contracting powers agree not to have recourse to
INTERVENTION armed force for the recovery of contract debts
- A State must abstain from intervention. claimed from the government of one country by the
- The right of independence carries with it the government of another country as being due to its
correlative duty of non-intervetion. nationals

DEFINITION: an act by which a state interferes with the PORTER RESOLUTION

domestic or foreign affairs of another state through - Force of the Drago doctrine dissipated
employment of force or threat of force. - Intervention is permitted if the debtor state refused
an offer to arbitrate the creditor’s claim, or having
EXCEPTION: when exercised as an act of self-defense or agreed thereto, prevented agreement on
when decreed by the SC as a preventive or enforcement compromise, or having agreed thereto, refused to
action for the maintenance of international peace and abide by the award of the arbitrator

PRINCIPLE OF EQUALITY- all rights of a state, regardless of

their number, must be observed and respected by the
international community in the same manner that the
rights of other states are observed and respected


- Even the strongest state cannot assume jurisdiction
over another state, no matter how weak, or
question the validity of its acts in so far as they are
made to take effect within its own territory.
formal proclamation and symbolic act of raising the
national flag in the territory.
- inchoate title only pending compliance with the 2nd
INCHOATE TITLE- performs the function of barring
other States from entering the territory until the
CHAPTER 10 lapse of a reasonable period with which the
discovering State may establish a settlement
TERRITORY- the fixed portion of the surface of the earth thereon and commence to administer it.
inhabited by the people of the state.
- must be permanent and indicated with precision Island of Palmas Case
because its limits define jurisdiction of the State. “Discovery alone without any subsequent act,
- Must be big enough to provide for needs of the cannot at the present time suffice to prove
population; small enough to administer and defend sovereignty over the island…”
from external aggression.
- Right to acquire territory, one of the fundamental “An inchoate title could not prevail over the
attributes of the State. continuous display of authority by another state for
- Asserted in accordance with the generally accepted such display may prevail even over a prior
principles of international law and with due regard definitive title put forward by another state.
with the territorial integrity of other States.
II. CESSION- a method by which territory is transferred
ACQUISITION AND LOSS from one state to another by agreement between
I. DISCOVERY AND OCCUPATION- an original mode of them.
acquisition by which the territory not belonging to - effected by sale, donation, barter, exchange,
any State, or terra nullius, is placed under the testamentary disposition.
sovereignty of the discovering state. - Transfer effected upon the meeting of the minds.
- need not be uninhabited provided it can be
established that the natives are not sufficiently III. SUBJUGATION- having previously conquered or
civilized and can be considered possessing only occupied in the cause of war by the enemy, it is
rights of habitation. formally annexed to it at the end of that war.

Requisites: IV. ACCRETION- mode of acquiring territory based on

1. Possession- must be claimed on behalf of the State the principle of accessio cedat principali-
by the discoverer and may be effected thru a accomplished thru both natural or artificial
processes, as by gradual and imperceptible deposit
of soil on the coasts of a country thru the action of 3. bays, gulfs, straits
water, or more effectively, by reclamation projects. 4. external waters in the territorial sea.

LOSS a. NATIONAL- Situated completely in the territory
I. DERELICTION- when a state exercising sovereignty of one state ex. Pasig River
over it physically withdraws from it with b. MULTINATIONAL- flows thru the territory of
intention of abandoning altogether. several states ex. Congo
c. INTERNATIONAL- navigable from the open sea
REQUISITES: and is open to the use of vessels from all states
a. act of withdrawal ex. Rhine
b. intention to abandon d. BOUNDARY- divides territory of riparian states
ex. St. Lawrence River
II. PRESCRIPTION- requires long, continued and
adverse possession to vest acquisitive title in THALWEG DOCTRINE- absence of specific
the claimant. agreement between such states, boundary line is
III. BY EROSION laid on the river, on the center of its main channel.
IV. BY REVOLUTION - if it changes its course by a gradual and normal
V. BY NATURAL CAUSES process (accretion/erosion) dividing line follows the
new course.
COMPONENTS OF TERRITORY - If deviation is violent and abrupt (avulsion)
boundary line will continue to be laid on the od bed
A. TERRESTRIAL DOMAIN of the river, in the absence of contrary agreement.
- refers to the land mass which may be integrate,
dismembered, partly bounded by water or one 2. BAYS- well-marked indentation whose penetration
whole island. is in such proportion to the width of its mouth as to
- May be mid-ocean archipelagoes or coastal contain land-locked waters and constitute more
archipelagaoes than a mere curvature of the coast.
- indentation not a bay unless area is as large or
B. MARITIME OR FLUVIAL DOMAIN larger than a semi-circle whose diameter is a line
- consists of bodies of water within the land mass drawn across the mouth of that indentation.
and waters adjacent to the coast of the state up to - If distance between low water marks of the natural
a specified limit. entrance points does not exceed 24 miles, a closing
- INCLUDES: line may be drawn and waters enclosed thereby
1. internal waters considered internal waters.
2. rivers and man-made canals - Rule does not apply to historic bays.
ARCHIPELAGO- group of islands, including parts of
3. TERRITORIAL SEA- belt of waters adjacent to the islands, interconnecting waters and other natural
coast of the state excluding the internal waters in features which are so closely interrelated that such
bays and gulfs, over which the state claims islands, waters and other natural features form an
sovereignty and jurisdiction. intrinsic geographical, economic and political entity or
which historically have been regulated as such.
UN CONFERENCE ON THE LAW OF THE SEA - Basis of art. 1 Sec. I Consti. RA 3046 ammended by
RA 5446
1. Convention on the territorial sea (1958) and the
- convention on the high seas; A. NORMAL BASELINE METHOD- territorial sea is
- convention on fishing & living resources of the high drawn from the low-water mark of the coast, to the
seas; breadth claimed, following its sinuosities and
- convention on the continental shelf curvatures but excluding the internal waters in
bays and gulfs.
2. Question of breadth of territorial sea (1960) B. STRAIGHT LINE BASE METHOD- straight lines are
made to connect appropriate points on the coast
3. Convention on the law of the sea (1970)- uniform without departing radically from its general
breadth of 12 miles for territorial sea; contiguous zone direction.
of 12 miles from outer limits of the territorial sea.
- economic zone/patrimonial sea extending 200 miles AERIAL DOMAIN
from low water mark of the state. - airspace above the terrestrial domain and the
maritime and fluvial domain of the state, to an
PHILIPPINE TERRITORIAL SEA unlimited altitude but not including outer space.
- territorial sea of the Philippines should embrace all “Under terms of existing international conventions and
the non-internal waters comprised within the limits customary international law, states have complete and
set forth by treaty of Paris. exclusive sovereignty in the airspace above their
territories and territorial waters. The concurrent
ARCHIPELAGO DOCTRINE (Art. I Sec. I Consti) existence of a region in space which is not subject to
- all islands within the Philippines should be the same regime raises such questions as where
considered one integrated whole instead of being airspace ends and where outer space begins. It was
fragmented into several units each with its own noted that these limits do not necessarily coincide.
territorial sea.
JURISDICTION- the authority exercised by a state over The Schooner Exchange vs. McFaddon- “ the
persons and things within or sometimes outside the jurisdiction of the nation within it’s own territory is
territory, subject to certain exceptions. necessary, exclusive and absolute”.

May be exercised by a state over: Exceptions: The State cannot exercise jurisdiction
A. Its nationals even within its own territory over:
B. Terrestrial domain a. Foreign states, heads of states (doctrine on
C. Continental shelf sovereign equality), diplomatic representatives,
D. Open seas and to consuls (to have ful freedom in the
E. Aerial domain discharge of their official duties) to a certain
F. Outer space degree.
G. Other territories b. Foreign state property, including embassies,
consulates, and public vessels engaged In non-
KINDS OF JURISDICTION commercial activities.
1. PERSONAL JURISDICTION- the power exercised by a c. Acts of states- every state is bound to respect
state over its nationals. the independence of other sovereign states.
- it is based on the theory that a national is entitled d. Foreign merchant vessels exercising the rights
to the protection of the state. of innocent passage or arrival under stress.
- Doctrine of Indelible Allegiance- an individual may Innocent Passage- navigation through the
be compelled to retain his original nationality territorial sea of a state for the purpose of
notwithstanding that he has already renounced or traversing that sea without entering internal
forfeited it under the laws of the second state waters, or of proceeding to internal waters, as
whose nationality he has acquired. long as it is not prejudicial to the peace, good
Ex. Art. 15, 16 Civil Code order or security of the coastal state.
e. Foreign Armies passing through or stationed in
- an alien may be held subject to the laws of a state its territories with its permission.
whose national interest he has violated, f. Such other persons or property including
notwithstanding the offense has been committed organizations like the United Nations, over
outside the territory. (Art.2 RPC) which it may, by agreement, waive jurisdiction.

2. TERRITORIAL JURISDICTION Land Jurisdiction- everything found within the

General Rule: a state has jurisdiction over all terrestrial domain of the state is under its
persons and property within its territory. jurisdiction. The local State has exclusive title to all
property within its territory which is subject to the
inherent powers of the state.
Maritime and Fluvial Jurisdiction- the internal dimensions, form part of the internal waters of the
waters of a state are assimilated to the land mass Philippines, subject to its jurisdiction.
and subjected to the same degree of jurisdiction
exercised over the terrestrial domain. CONTIGUOUS ZONE- in a zone of the high seas
contiguous to its territorial sea, the coastal state
- civil, criminal and administrative jurisdiction is may exercise the control necessary to:
exercised by the flag state over its public vessels a. prevent infringement of its customs, fiscal,
wherever they may be, provided they are not immigration or sanitary regulations within its
engaged in commerce. territory or territorial sea, and;
- b. punish infringement of the above regulations
within its territory or territorial sea.
The Schooner Exchange vs.Mcfaddon- “national
ships of war entering the port of a friendly power CONTINENTAL SHELF- refers to:
open for their reception are to be considered as a. the seabed and subsoil of submarine areas
exempted by the consent of that power from its adjacent to the coast but outside the territorial
jurisdiction. sea to a depth of 200 meters, or beyond that
limit, to where the depth of the superjacent
- Foreign merchant vessels docked in local port or waters admits of exploration of the natural
bay, jurisdiction is exercised over them by the resources of the said areas;
coastal state in civil matters, but criminal b. to the seabed and subsoil of similar areas
jurisdiction is determined according to either adjacent to he coasts of islands.
English or French rule.
a. ENGLISH RULE- Coastal state shall have - Coastal state has the sovereign right to explore the
jurisdiction over all offenses committed on continental shelf and to exploit its natural
board such vessels except only where they do resources.
not compromise the peace of the port. (applies - Coastal state allowed to establish on the open seas
in the Philippines) immediately above the installations a safety zone
b. FRENCH RULE- the flag state shall have with radius of 500 meters over which may exercise
jurisdiction over all offenses committed on proper jurisdiction.
board such vessels, except only when they - Above rights exclusive: if not exercised no other
compromise the peace of the port. state may undertake activities or claim without
consent of coastal state.
ARCHIPELAGO DOCTRINE- the waters around, PATRIMONIAL SEA- exclusive economic zone or the
between and connecting the islands of the patrimonial sea extends 200 nautical miles from the
archipelago, regardless of their breadth and coast or the baselines.
OPEN SEAS- the open seas or high seas are res REQUISITES:
communes and available to the use of all the states for A. Pursuit must be begun before offending vessel
purposes of navigation. left the territorial waters, contiguous zone of a
coastal state
- in times of war, hostilities may be waged on the B. Pursuit must be continuous or unabates.
open seas.
A state may exercise jurisdiction on the open seas in 5 AIR FREEDOMS
the following instances: 1. Freedom to fly across foreign territory without
1. Over its vessels landing
Merchant vessels- when it is within its territory, 2. Freedom to land for non-traffic purposes
when jurisdiction is waived or cannot be exercised 3. Freedom to put down traffic originating in the State
by the territorial sovereign, or when such vessels of the aircraft
are on the open seas. 4. Freedom to embark traffic destined for the state of
Lotus Case: In the event of a collision or of any the aircraft
other incident of navigation concerning a ship on 5. Freedom to embark traffic destined for or to put
the high seas, involving the penal or disciplinary down traffic originating from a third state.
responsibility of the master or of any other person
in the service of the ship, no penal or disciplinary - it is the state of registration of the aircraft that has
proceeding may be instituted against such persons jurisdiction over offenses and acts committed on
except before the judicial or administrative board while it is in flight or over the high seas or
authorities either of the flag state or of the state of any other area outside the territory of the state.
which such person is a national.
2. Over Pirates. OUTER SPACE- not subject to the jurisdiction of any state.
3. In the exercise of the right of visit and search- - celestial bodies shall be free for exploration and
Under laws of neutrality, the vessel of a belligerent use by all states without discrimination of any kind,
state may visit and search any neutral merchant on basis of equality.
vessel in the open seas and capture it if found or - Astronauts shall be regarded as envoys of mankind.
believed to be engaged in activities in favor of - State launching an object to outer space shall
another belligerent state. retain jurisdiction and control over such objects and
4. Under the doctrine of hot pursuit- If an offense is over any personnel thereof.
committed by a foreign merchant vessel within the
territorial waters of a coastal state, its own vessels OTHER TERRITORIES
may pursue the offending vessel into the open sea State may extend its jurisdiction beyond its territory and
and upon capture bring it back to its territory for over territory not falling under its sovereignty. This is
punishment. effected thru the following ways:
1. Through assertion of its personal jurisdiction over - Head of state may appoint special diplomatic
its nationals abroad or exercise of its right to agents charged with specific ceremonial or political
punish certain offenses committed outside its duties.
territory against its national interest. a. Envoys Ceremonial- attend state functions
2. On the strength of its relations with other states or b. Envoys Political- commissioned to negotiate with
territories, when it established a colonial particular state or participate in international
protectorate, condominium or administers a trust conference
3. As consequence of waiver of jurisdiction by a local
state over persons and things within its territory HEAD OF THE STATE
4. Through acquisition of extraterritorial rights. - embodiment of or at least represents the
sovereignty of his State.
EXTERRITORIALITY EXTRATERRITORIALITY - Entitled to immunities and honors:
Refers to exemption of Applies only to persons a. Right to special protection for his physical safety
persons and property and is based on treaty or and preservation of his honor
from the local jurisdiction convention b. Quarters, archives, properties, transportation
on the basis of are inviolate
international custom c. Exempt from criminal and civil jurisdiction
Has become discredited Illustrated by immunities except when he is the plaintiff
because of the rise of of the heads of states in d. Not subject to tax, to exchange or currency
nationalism and sovereign foreign countries restrictions
equality of states e. Ceremonial amenities unless traveling incognito

5. Through enjoyment of easements or servitudes - immediate representative of the head of state and
(e.g. innocent passage, arrival in distress) directly under his control
- can make binding declarations on behalf of the
state on any matter falling within his authority (i.e.
CHAPTER 12 recognition of states, gov’ts, settlement of
international claims)
AGENTS OF DIPLOMATIC INTERCOURSE - also the head of the foreign office and has direction
of all ambassadors and other diplomatic
- Diplomatic relations conducted thru the head of representatives
state, foreign secretary or minister, members of the
diplomatic service DIPLOMATIC ENVOYS
- Entrusted members of the foreign service who are Agreation- means by which informal inquiries are
accredited by the sending state as its permanent addressed to the receiving state regarding a proposed
envoys. diplomatic representative of the sending state. Receiving
Heads of Diplomatic Missions state must manifest its agreement of consent, also
1. Ambassadors or nuncios accredited to heads of informally.
2. Envoys, ministers or internuncios accredited to COMMENCEMENT OF DIPLOMATIC MISSION
heads of state. Head of Mission- considered as having taken up his
3. Charges d’affaires accredited to ministers for functions in the receiving state either when:
foreign affairs a. presented his credentials
b. notified his arrival and a truecopy of his credentials
- diplomatic matters are now usually discussed with to the foreign ministry.
foreign secretaries regardless of the diplomat’s Credentials include:
rank. 1. letter of credence- means by which he is accredited
- Distinction in rank important only in connection to the receiving state with the request that full faith
with matters of protocol or grant of special honors and credit be given to his official acts.
2. Diplomatic passport
DIPLOMATIC CORPS 3. Official instructions
- body consisting of the different diplomatic 4. Cipher or code book for use in sending secret
representatives who have been accredited to the communications
same local or receiving state. DIPLOMATIC FUNCTIONS
- Does not possess any legal powers or attributes 1.
2. Protecting in the receiving state the interests of the
Doyen du Corps- the oldest member with the highest sending state and its nationals
rank, in catholic countries, the Papal Nuncio 3. Negotiating with the government of the receiving
APPOINTMENT OF ENVOYS 4. Ascertaining by lawful means conditions and
- class to which heads of their missions are to be developments in the receiving state and reporting
assigned shall be agreed upon between the states thereon to the government of sending state
concerned 5. Promoting friendly relations between the sending
- sending state must make certain that the and receiving states and developing their
agreement of the receiving state has been given economic, cultural and scientific relations
for the person it proposes to accredit as head of the
mission to that state - Diplomatic mission may also perform consular
- appointment not a matter of municipal law functions in the absence of a consular mission from
the sending state.
CONDUCT OF DIPLOMATIC MISSION Private Servants, if not nationals of the receiving state,
- Must exercise utmost discretion, tact, preserving enjoy only exemption from dues and taxes on their
the goodwill of the sending state. income from the mission.
- Avoid interference with its internal affairs
DIPLOMATIC IMMUNITIES AND PRIVILEGES - Immunities commence from the moment he enters
Reason: necessary to give the envoy the fullest freedom the territory of the receiving state until his
or latitude in the exercise of his official functions. functions as such has come to an end.
a. personal inviolability - Immunities and privileges are available in situ and
b. immunity from jurisdiction in transit
c. inviolability of diplomatic premises
d. inviolability of archives TERMINATION OF DIPLOMATIC MISSION
e. inviolability of communication Mission may come to an end through any of the usual
f. exemption from testimonial duties methods of terminating official relations governed by
g. exemption from taxation municipal law.
h. other privileges- members of mission freedom of
movement and travel; diplomatic agents exempt Under international law:
from personal services from all public services, 1. RECALL- may be demanded by the receiving state
military obligations; right to use the flag and when the foreign diplomat becomes persona non
emblem of the sending state on the premises of the grata to it for any reason. (ex. Making derogatory
mission. statements against the receiving state)
2. DISMISSAL- if demand is rejected by the receiving
THE DIPLOMATIC SUITE OR RETINUE state, or even without making a request for recall,
- Immunities and privileges are available not only to the receiving state may resort to the more drastic
the head of mission and his family but also to the method of dismissal. (offending diplomat is simply
other members of the diplomatic retinue but not in asked to leave the country).
the same degree.
Diplomatic Retinue- consists of diplomatic staff, the
administrative and technical staff and the service staff. CONSULS- State agents residing abroad for various
purposes but mainly in the interest of commerce and
Administrative and technical staff enjoys the same rights navigation
as the diplomatic staff except immunity from civil and - do not ordinarily enjoy all the traditional diplomatic
administrative jurisdiction shall not extend to unofficial immunities and privileges
KINDS AND GRADES - Consuls not being diplomatic officials do not enjoy
CONSULES MISSI CONSULES ELECTI the traditional diplomatic immunities and privileges
Professionals or career May or may not be - Exempt from criminal proceedings regarding the
consuls who are nationals nationals of the appointing discharge of their official functions but not with
of the appointing state and state and perform their regard to other offenses.
are required to devote their consular functions only in - Civil suits may be filed in their personal or private
full time to the discharge of addition to their regular capacity
their consular duties callings - Legal processes and arrests may be served in
premises where consular work are not performed
- heads of consular posts are classified according to - Communication may be curtailed or restricted if
importance: exercised to the prejudice of the receiving state
1. consul-general
3. vice-consul - Consul’s office may end in accordance with usual
4. consular agent modes of terminating official relations under
municipal law.
APPOINTMENT - Exequatur may also be withdrawn by the receiving
Authority derived from 2 principal sources: state
1. letter patent or letter de provision- commission
issued by the sending state CHAPTER 14
2. Exequatur- authority given to them by the receiving
state to exercise their duties therein 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
FUNCTIONS regulating their mutual relations under the law of the
1. Commerce- promote commercial interests of the nations
sending state, to observe commercial trends and
developments In the generic sense: conventions, declarations,
2. Navigation- visiting and inspecting vessels of their covenants, acts, concordats etc…
own states
3. Duties respecting the issuance of passports and
4. Duties of protection of nationals 1. To settle finally actual and potential conflicts
2. Make it possible for the parties to modify rules of
IMMUNITIES AND PRIVILEGES international customary law by means of optional
principles or standards
3. They may lead to a transformation of unorganized to other negotiators at the start of the formal
international society into one which may be discussions. One of the parties presents a draft of
organized on any chosen level of social integration the proposed treaty together with counter
4. Frequently provide the humus for the growth of proposals which become the basis of the
international customary law negotiation
2. SIGNATURE- when negotiators finally decide on the
ESSENTIAL REQUISITES terms of the treaty, it is opened for signature.
1. Entered into by parties with the treaty-making Primarily intended for authenticating the
capacity- must have full capacity unless limited by instrument and symbolizing good faith of the
reason of their status or previous self-imposed parties.
inhibitions. 3. RATIFICATION- formal act of the state by which it
confirms and accepts the provisions of the treaty
2. Through their authorized representatives-it is for concluded by its representatives. An ungratified
municipal law to determine which organ of the treaty cannot be the source of obligations between
state shall be empowered to enter into treaties the parties.
- a state is not bound by a treaty made in its behalf - there is no legal obligation to ratify a treaty, but
by an organ or authority not competent under the refusal to ratify must be based on substantial
law to conclude the treaty; however the state may grounds.
be responsible for an injury resulting to another
state for reasonable reliance by the latter upon Reservations- to avoid total rejection of a treaty,
reservation that such organ or authority was a the ratification is qualified or made conditional. The
competent to conclude the treaty. same must be accepted by the other party if these
would constitute a modification of the original
3. Without the attendance of duress, fraud, mistake, agreement.
or other vice of consent
Philippines: Power to ratify vested in the president; senate
4. On any lawful subject-matter only to give or withhold consent to the ratification.
President cannot ratify a treaty without concurrence of
5. In accordance with their respective constitutional 2/3 of all members of the Senate.
processes- governed by international law except
with respect to method of ratification. 4. CHANGE OF INSTRUMENTS OF RATIFICATION-
usually signifies the effectivity of the treaty unless
TREATY MAKING PROCESS different date has been agreed upon by the parties.

1. NEGOTIATION- representatives provided with

credentials known as full powers which they exhibit
3. should not have been caused by the party invoking
4. doctrine must be invoked within a reasonable tine
GEN. RULE: Treaty is binding only on contracting parties, 5. cannot operate retroactively upon provisions of the
treaty already executed prior to the change of
EXCEPTION: circumstances
1. ACCESSION- including not only the original
signatories but also other states, which although
they may not have participated in the negotiation
of the agreement, have been allowed by is terms to INTERPRETATION OF TREATY
sign it later. - to give effect to the intention of the parties.
2. treaty may be merely a formal expression of
customary international law which as such is TERMINATION OF TREATIES
enforceable on all civilized states because of their 1. Expiration of the term, which may be fixed or
membership to the family of nations. subject to a resolutory condition
3. Most-favored –nation clause- a contracting state 2. Accomplishment of the purpose
entitled to the most-favored-nation treatment from 3. Impossibility of performance
the other may claim the benefits extended by the 4. Loss of subject-matter
latter to another state in a separate agreement. 5. Desistance of the parties, through express mutual
consent, desuetude, or exercise of the right of
OBSERVANCE OF TREATIES denunciation(withdrawal), when allowed.
Pacta Sunt Servanda- performance in good faith of treaty 6. By novation
obligations. 7. By extinction of one of the parties if the treaty is
Doctrine of Rebus sic stantibus- exception to pacta sunt 8. By vital change of circumstances under the
servanda. Constitutes an attempt to formulate a legal doctrine of rebus sic stantibus
principle which would justify non-performance of a treaty 9. By outbreak of war between the parties
obligation if the conditions with relation to which parties 10.By voidance of the treaty because of the defects in
contracted have changed so materially and so its conclusion, violation of its provisions by one of
unexpectedly as to create a situation in which the the parties or incompatibility with international law
exaction of performance would be unreasonable. or UN Charter.
1. applies only to treaties of indefinite duration
2. the vital change must have been unforeseen or
MULTIPLE NATIONALITY- more than one nationality. Ex.
Child born to Filipino parents (jus sanguinis) born in the
U.S. (jus soli)

Doctrine of Indelible Allegiance- an individual may be

compelled to retain his original nationality
notwithstanding that he has already renounced or
CHAPTER 15 forfeited it under the laws of a second state whose
nationality he has acquired.
NATIONALITY- membership in a political community with
all its concomitant rights and obligations. LOSS OF NATIONALITY- may be lost voluntarily or
1. acquired by birth VOLUNTARY METHODS
2. acquired by naturalization 1. RENUNCIATION (Express or Implied)
2. REQUEST FOR RELEASE (preceded by acquisition of
JUS SOLI- Nationality of the state where he is born. new nationality)
NATURALIZATION- process by which a foreigner acquires, 1. FORFEITURE (result of disqualification or prohibited
voluntarily or by operation of law, the nationality of act like enlistment in foreign army or long
another state; may be DIRECT or DERIVATIVE. continued residence in a foreign state)
a. DIRECT- effected by: 2. SUBSTITUTION
1. individual proceedings, usually judicial, under
general naturalization laws CONFLICT OF NATIONALITY
2. by special act of the legislature
3. by collective change of nationality RULES under the Hague Convention on the Conflict of
4. in some cases by adoption of orphan minors as Nationality Laws
nationals of the state where they are born. 1. State to determine under its law who are its
b. DERIVATIVE nationals. Law shall be recognized by other states.
1. on the wife of the naturalized husband 2. Any question as to whether a person possesses the
2. on the minor children of the naturalized parent nationality of a particular state shall be determined
3. on the alien woman upon marriage to a in accordance with the law of the state.
national. 3. Person having 2 or more nationalities may be
regarded as a national of each State.
4. State may not afford diplomatic protection to one DOCTRINE OF STATE RESPONSIBILITY- A state may be
of its nationals against a State whose nationality held responsible for:
such person also posseses a. an international delinquency
5. Within a 3rd state a person having more than one b. directly or indirectly imputable to it
nationality shall be treated as if he had only one. c. which causes injury to the national of another state.
Third state may recognize exclusively either Liability will attach to the state where its treatment of the
nationality of the person where he has principally alien falls below the international standard of justice or
resided or where mostly connected. where it is remiss in according the protection or redress
6. Person possessing 2 nationalities acquired without that is warranted by the circumstances
any voluntary act on his part may renounce one of
them with the authorization of the state he desires INTERNATIONAL STANDARD OF JUSTICE
to surrender. - a standard of the reasonable state, referring to the
ordinary norms of official conduct observed in
STATELESNESS- condition or status of an individual who is civilized jurisdictions. It is not deemed satisfied if
born without any nationality or who loses his nationality a. the laws of a state are intrinsically unjust as
without retaining or acquiring another. when there is a marked disproportion between
- Any wrong suffered by him thru act or omission of a the degree of an offense and the penalty
state would be damnum absque injuria for in theory imposed for it.
there is no other state that has been offended and b. They authorize summary decision of contentious
no international delinquency committed. cases without observance of notice and hearing
- Does not mean that stateless person without
recourse. Under Covenant relating to Status of FAILURE OF PROTECTION OR REDRESS
Stateless Persons, he is entitled to: - even if laws conform to the international standard
a. right to religion of justice, the state may still be held liable if it does
b. access to courts not make reasonable efforts to prevent injury to the
c. education alien or having done so unsuccessfully, fails to
d. public relief and assistance repair such injury.
e. treatment no less favorable than that accorded
to aliens. Responsibility does not immediately attach to the state
f. Other rights granted under the Universal upon showing of a failure to prevent or redress injury.
Declaration of HR Gen. Rule: where the international delinquency was
committed by superior gov’t officials or organs, liability
will attach immediately.
CHAPTER 16 Exc.: Where the offense is committed by inferior gov’t
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 DEPORTATION- removal of an alien out of the country
effect in its commission because his presence is deemed inconsistent with the
public welfare and without any punishment being imposed
EXHAUSTION OF LOCAL REMEDIES or contemplated either under the laws of the country or to
- Enforcement cannot be claimed by injured where he is being sent.
foreigner unless he first exhausts all available local
remedies for the protection or vindication of his EXCLUSION- denial of entry to an alien.
- State must be given opportunity to do justice in its EXTRADITION- surrender of a person by one state to
own regular way. another state where he is wanted for prosecution or, if
already convicted, for punishment. Required only if there
RESORT TO DIPLOMATIC PROTECTION is a treaty between the state of refuge and the state of
- If injured foreigner has exhausted all local remedies origin.
without success, he may then avail himself of the
assistance of his state. Basis: in pursuance of policy or as a gesture of comity.


- international claim may be resolved thru 1. Extradition is based on the consent of the state of
negotiation or any other methods of settling asylum as expressed in a treaty or manifested as
disputes. an act of goodwill.
- If responsibility of state is established, duty to 2. Principle of Specialty- a fugitive who is extradited
make reparation will arise may be tried only for the crime specified in the
a. restitution request for extradition and included in the list of
b. satisfaction offenses in the extradition treaty
c. compensation 3. Any person may be extradited, whether he be a
national of the requesting state, of the state of
AVOIDANCE OF STATE RESPONSIBILITY refuge or of another state
- applied more frequently to tortious rather than 4. Political and religious offenders are generally not
contractual liability. subject to extradition. To constitute a political
CALVO CLAUSE- Stipulation by which the alien waives or offense, there must be 2 or more parties in the
restricts his right to appeal to his own state in connection state each seeking to impose the government of
with any claim arising from the contract and agrees to their own choice on the other.
limit himself to the remedies available under the laws of
the local state. ATTENTAT CLAUSE- murder of the head of state or
any member of his family is not to be regarded, as
EXCLUSION OF ALIENS a political offense for purposes of extradition
because of the differences of parties which spring
5. In the absence of special agreement, the offense from animosities in their mutual attitudes.
must have been committed within the territory or
against the interests of the demanding state METHODS OF SETTLING
6. The act for which the extradition is sought must be ICJ- jurisdiction is dependent on the consent of the parties
punishable in both the requesting and requested SC- powers are markedly limited except in case on
states under what is known as the rule of DOUBLE international peace and security
CRIMINALITY GA- inhibited from discussing dispute at the time under
consideration by the SC
1. If surrender of fugitive is sought, request for his AMICABLE METHODS
extradition is presented through diplomatic 1. Negotiation- discussion undertaken by the parties
channels. Request accompanied by necessary themselves of their respective claims/counterclaims
papers relative to the identity of the wanted person with a view to their just and orderly adjustment
and the crime alleged to have been committed 2. Inquiry- investigation of the points in question on
which he has already been convicted. the theory that their elucidation will contribute to
2. Upon receipt, state of refuge will conduct a judicial the solution of the differences between the parties
investigation to ascertain if the crime is covered by 3. Good offices- third party attempts to bring the
the extradition treaty and if there is prima faci case disputing parties together in order to enable them
against the fugitives accdg. To its own laws to discuss the issues in contention and arrive at an
3. If there is, warrant for surrender will be drawn agreement
4. Fugitive delivered to the state of origin 4. Mediation- third party actively participates in
discussions in order to reconcile their conflicting
CHAPTER 17 claims
5. Conciliation- services of the third party is solicited
International Dispute- an actual disagreement between by the parties in dispute
states regarding the conduct to be taken by one of them 6. Arbitration- solution of a dispute by an impartial
for the protection or vindication of the interest of the third party
other. 7. Compromise- essentially judicial and the award is,
by previous agreement binding on the parties to
2 Kinds of Dispute the dispute
1. Legal- involves justiciable rights based on law or 8. Judicial settlement- tribunal is a pre-existing and
fact susceptible of adjudication by a judicial or permanent body, jurisdiction is compulsory, law
arbitral tribunal applied is independent of the will of the parties,
2. Political- if it cannot be decided by legal process on issues submitted are legal.
the basis of substantive rules of international law 9. Resort to regional and international organizations
- UN Charter provides that SC shall call on the parties
HOSTILE METHODS in the first instance to settle the dispute by
peaceful means.
RETORSION- any action taken in retaliation where the acts - If unable to adjust their differences by themselves
complained of do not constitute a legal ground of offense thru peaceful methods, SC may recommend proper
but are rather in the nature of unfriendly acts but methods of adjustment taking into consideration
indirectly hurtful to other states. The act of retaliation is a. amicable measures already adopted
also unfriendly but not illegal and may be in kind or of a b. legal disputes should be referred to the ICJ
different nature than the act that provoked it. - If above measures still unavailing, SC may
Ex. Severance of diplomatic relations recommend such actual term of settlement as it
may consider appropriate.
REPRISALS- an act of self-help on the part of the injured - If terms of the settlement are rejected by any of
state, responding after an unsatisfied demand to an act the parties. SC is empowered to take more drastic
contrary to international law on the part of the offending steps:
state. They have the effect of momentarily suspending a. preventive action- partial interruption of
relations of the 2 states. Illegal if a previous act contrary economic relations and of rail, sea, air, postal
to international law had not furnished the reason for etc… severance of diplomatic relations
them. b. enforcement action- action taken thru air, sea,
land forces necessary to maintain or restore
UNITED NATIONS international peace and security (ex. Blockade)

SC shall have jurisdiction to intervene in: Military Staff Committee- consists of chiefs of staff of the
a. all disputes affecting international peace and permanent members of the SC or their representatives
security supposed to give advise and assist the SC on all questions
b. all disputes which, although coming under the relating to its military requirements for the maintenance
domestic jurisdiction clause have been submitted of the international peace and security, employment and
to it by the parties for settlement. Disputes may be command of forces placed at its disposal, regulation of
brought by? armaments, and possible disarmament. Also responsible
1. SC for strategic direction of any armed forces at its disposal
2. GA of the Council.
3. Any member of the UN
4. Any party to the dispute, provided in case of Uniting for Peace Resolution- If SC fails to exercise its
non-members of the UN, they should accept in primary responsibility for lack of unanimity, in any case
advance obligations of pacific settlement under where there appears to be threat to the peace etc… the
the charter GA shall consider the matter immediately with a view to
making recommendations to the members for collective 1. laws of peace cease to regulate relations of
measures. belligerents and are superseded by the laws of war
- if GA not in session may meet in emergency special 2. Diplomatic and consular relations between
session within 24 hours of the request therefore belligerents are terminated
either by any 9 members of the SC or by a majority 3. Treaties of political nature are automatically
of the UN. cancelled except those which are intended to
operate during war.
CHAPTER 18 4. Individuals are impressed with enemy character:
a. under the nationality test- nationals of other
2 VIEWS: belligerent state
1. WAR as SPECIFIC ACTION- armed contention b. domiciliary test- domiciled aliens in the territory,
between the public forces of states or other assumption that they contribute to its economic
belligerent communities, implying the employment resources
of violence among the parties as a means of c. activities test- participation in hostilities in favor
enforcing their respective demands upon each of other belligerent
other 5. Enemy public property found in territory of other
2. As SPECIFIC STATUS- may exist even without the belligerent at the outbreak of hostilities is, with
use of force. certain exceptions, subject to confiscation.


Enforced thru:
a. protest lodged by one belligerent, usually Following are regarded as combatants
accompanied or followed by an appeal to world 1. members of the armed forces except those not
opinion against the unlawful acts of warfare actively engaged in hostilities
committed by the other belligerent; 2. irregular forces such as guerrillas provided that
b. reparation for damages caused by the defeated a. they are commanded by a person responsible
belligerent for his subordinates
c. punishment of war criminals b. they wear a fixed distinctive sign recognizable
at a distance
Commencement- starts with a declaration of war, with c. they carry arms openly
rejection of an ultimatum or with the commission of an d. they conduct their operations in accordance
act of force regarded by at least one of the belligerents as with the laws and customs of war
an at of war. 3. inhabitants of unoccupied territory who, on
approach of the enemy, spontaneously take arms
EFFECTS OF OUTBREAK OF WAR to resist the invading troops without having had
time to organize. Levee en masse
4. officers of the crew of a merchant vessel who 3. may promulgate new laws, non-political as well as
forcibly resist attack political provided they do not contravene with
principles of international law
CONDUCT OF HOSTILITIES 4. political laws automatically abrogated upon the end
Basic principles of Warfare of the occupation but non-political laws may
1. Principle of Military Necessity- belligerents may, continue even beyond the occupation unless
subject to the other two principles, employ an expressly repealed or modified
amount and kind of force to compel the complete 5. permitted to exact from the populace contributions
submission of the enemy with least possible loss of over and above the regular taxes for the needs of
live, time and money the army in occupation or for the administration of
the territory
2. Principle of Humanity- prohibits the use of any 6. permitted t introduce military currency
measure that is not absolutely necessary for the 7. private property cannot be confiscated except tjose
purposes of the war (ex. Poisoning of wells and susceptible of military use.
weapons, destruction of works of art and property 8. Army in occupation can only take possession of
devoted to religious or humanitarian purposes cash, funds and realizable securities which are
etc…) strictly the property of the state
9. Regarded only as administrator and usufructuary of
3. Principle of Chivalry- basis of such rules that public buildings, real estates, forests, agricultural
require the belligerents to give proper warning estates.
before launching bombardment or prohibit the use
of perfidy in the conduct of the hostilities POSTLIMINIUM- that in which persons or things taken by
the enemy are restored to the former state on coming
actually into the power of the nation to which they belong.
KINDS OF WARFARE Also imports the reinstatement of the authority of the
1. LAND displaced gov’t once control of the enemy is lost over
2. AIR territory affected.
3. SEA
BELLIGERENT OCCUPATION 1. Flag Truce- white flag carried by an individual
1. does not result in transfer or suspension of the authorized by one belligerent state to enter into
sovereignty of the legitimate government communications with the other.
2. it is required to restore and ensure public order and
safety while respecting, unless absolutely 2. Cartels- agreements to regulate intercourse during
prevented, the laws in force in the country war such as postal, communication, reception of
flag truce etc..
3. Ceasfire- unconditional stoppage of hostilities by an
order of an international body
3. Passport- written permission of belligerent
government or its authorized agent to the subjects 4. Truce- ceasefire with conditions attached
of the enemy state to travel generally in belligerent
territory 5. Capitulation- surrender of military forces, places or
districts in accordance with the rules of military
4. Safe-conduct- pass given to an enemy subject or to honor.
an enemy vessel allowing passage between defined
1. may be terminated by simple cessation of
5. Safeguard- protection granted by a commanding hostilities, by the conclusion of a negotiated treaty
officer either to enemy persons or property within of peace,
his command 2. or by defeat of one of the belligerents followed by a
dictated treaty of peace or annexation of the
6. License to trade- permission given by competent conquered country
authority to individuals to carry on trade even 3. terminated by defeat of one of the belligerents,
though there is a state of war which surrenders either conditionally or
1. Suspension of Arms- temporary cessation of the
hostilities by agreement of the local commanders
for such purposes as the gathering of the wounded
and the burial of the dead

2. Armistice- suspension of all hostilities within a

certain area or in the entire region of the war
agreed upon by the belligerent govts usually for
purposes of arranging terms of the peace
Purpose is political Purpose is military
Concluded by the Agreed upon by local
commanders-in-chief commanders
In writing May be oral