Author of the Reference: Retired Associate Justice Isagani Cruz

CHAPTER 1: GENERAL PRINCIPLES A. International Law is the body of legal rules which apply between sovereign states and such other entities as have been granted international personality. By

PUBLIC INTERNATIONAL LAW

Schwarzenberger

Divisions of International Law Laws of Peace - governs the normal relations of states - governs the relations of states following the restoration of peace after a war ends - in case of war, governs the relations of states not involved in war B. Municipal Law vs. International Law Laws of Neutrality - governs the relations of states not involved in war with those involved in the hostilities Laws of War - governs the relations of states involved in war for the duration of the hostilities

Private International Law so called conflict of laws, pertains to the municipal or private law of each state; viewed as not included in international law Municipal Law Issued by a political superior for observance by those under its authority Consists mainly of enactments from the lawmaking authority of each state Regulates the relations of individuals among themselves or with their own states Violations are redressed through local administrative and judicial processes Entails only individual responsibility International Law Not imposed upon but simply adopted by states as a common rule of action among themselves Not derived from any particular legislation but from international custom, international conventions and general principles of international law Applies to the relations among states and other international persons Through state-to-state transactions ranging from peaceful methods like negotiations to hostile arbitrament of force like reprisals or even war Attaches directly to the state and not to its nationals

Authority Source Coverage Sanctions Who is Liable

Note: In spite of their differences, it is possible for a principle of municipal law to become part of international law.
Doctrine of Incorporation Rules of international law form part of the law of the land and no further legislative action is needed to make such rules applicable in its domestic jurisdiction.

***As an inevitable consequence of membership in the international community, with or without an express declaration, states are bound by the rules prescribed by the family of nations to which it belongs.
States which have incorporated this doctrine in their constitutions: Austria, Germany, Korea and Philippines Doctrine of Transformation Generally accepted rules of international law must first be embodied in legislation enacted by the lawmaking body to be binding upon the state as part of its municipal law. Doctrine of Auto-limitations the principle under which any state by its consent, express or implied, submit to a restriction of its sovereign rights. Rules in case of conflict General Rule: To attempt to reconcile the apparent contradiction and give effect, if possible, to both international and municipal law. Exception: Where the conflict is actual and not merely apparent, the following rule will apply - From the international viewpoint, international law prevails and will consequently be upheld by international tribunals - From the domestic viewpoint, the municipal law prevails. Constitution vs. Treaty Generally, the treaty is rejected in the local forum but is upheld by international tribunals as a demandable obligation of the signatories under the maxim pacta sunt servanda. Pact sunt servanda Every state has the duty to carry out in good faith its obligations arising from treaties and other sources of international law, and may not On the other hand, most constitutions, like that of the Philippines, contain provisions empowering the judiciary to annul treaties and the legislature to supersede them with statues, thereby establishing the primacy of the local law over the international agreement. C. BASIS of International Law Positivists - Agreement of sovereign states to be bound by it; a law of coordination rather than subordination; - A more positive identification with or acknowledgement of the law is necessary to make it binding on the state it purports to govern, so that any state withholding its consent can disclaim any responsibility of observance. Eclectics or the Grotians - Dictate of right reason and practice of states; - Asserts that in so far as it conformed to the dictates of right reason, the voluntary law might be said to blend with the natural law and be the expression of it; - Should there be a conflict, the law of nature prevails as being the fundamental law, the authority of which could not be contravened by the practice of states.

invoke provisions in its constitution or its laws as an excuse for failure to perform this duty.
-

Naturalist - Law of nature, a higher law, a rule of human conduct independent of positive enactment and even of special divine revelation, binding always and everywhere in view of its intrinsic reasonableness; - Under this theory, there is a natural and universal principle of right and wrong independent of any mutual intercourse or compact which every individual is supposed to discover and recognized through the use of his reason and conscience; - Since individuals compose the state, whose will is but the result of the collective will of its individual inhabitants, the state itself also becomes bound by the law of nature; - International law is not a law between but above states.

D. SANCTIONS of International Law - Serves as its teeth to ensure a more respectful regard for its principles; the compulsive force of reciprocal advantage and the fear of retaliation. 1. 2. 3. 4. 5. Inherent reasonableness of international law and the common conviction among states that its observance will redound to the welfare of the whole society of nations; Normal habits of obedience ingrained in the nature of man as a social being; Respect for world opinion or the states desire to project an agreeable and favorable regard of the rest of the family of nations; Constant and reasonable fear, present even in the most powerful states, that violation of international law might cause retaliation of other states; Machineries of the United Nations

E. ENFORCEMENT of International Law Observance is essentially subjective and mainly dependent on the volition of the entity which is supposed to be governed while enforcement is the process, by which such observance maybe compelled, usually by force or at least the threat of force.

Internally: The rules of international law may be treated by the individual states as part of their municipal law. Externally: 1. Through international organizations or regional groups such as the United Nations. - Grievances may be presented to and discussed in these bodies, which may thereafter adopt such measures as may be necessary to compel compliance with international obligations or vindicate the wrong committed. - At present, this is exercised by the United Nations through the Security Council and the International Court of Justice. 2. To settle their differences between themselves - Either through amicable methods such as diplomatic talks or hostile measures such as retorsions, reprisals or war. - Special tribunals may be created by agreement of the parties affected for the settlement of the dispute. F. 1. 2. 3. 4. G. H. FUNCTIONS of International Law To establish peace and order in the community of nations and to prevent the employment of force, including war, in all international relations; To promote world friendship by leveling up the barriers that have so far obstructed the fostering of closer understanding in the family nations; To encourage and ensure greater international cooperation in the solution of certain common problems of political, economic, cultural and humanitarian character; To provide for the orderly management of the relations of the states on the basis of the substantive rules they have agreed to observe as members of the international community. Distinctions with Other Concepts International Morality or Ethics principles which governs the relations of the states from the higher standpoint of conscience, morality, justice and humanity International Comity those rules of courtesy observed by states in their mutual relations, in that violations of its precepts are not regarded as constituting grounds for legal claims International Diplomacy relates to the objects of national or international policy and the conduct of foreign affairs or international relations International Administrative Law that body of laws and regulations created by the action of international conferences or commissions which regulate the relations and activities of national and international agencies with respect to those material and intellectual interests which have received an authoritative universal recognition. Present State of International Law Many of the rules of international law are rooted in tradition, but not a few of them have yielded to new principles brought about by modern developments in international relations. Unfortunately, advances in science have brought the people of the world closer but only in a physical sense; conflicting interests and ideologies continue to retard the growth of a universal rule of law based on peace and justice. International law remains in a state of transition as mankind struggles toward the millennium of harmony and order.

CHAPTER 2: SOURCES OF INTERNATIONAL LAW A. Primary Sources 1. International Treaties and Conventions Must be concluded by a sizable number of states and thus reflect the will or least the consensus of the family of nations; otherwise, it will only be a source of particular international law being limited in operation. Even if originally agreed upon only by a few states, the treaty may become binding upon the whole world if it is intended to lay down the rules for observance by all and it is subsequently signed or acceded to by other states which thereby submits to its provisions. 2. International Customs A custom is a practice which has grown up between states and has come to be accepted as binding by the mere fact of persistent usage over a long period of time; example is the practice of granting immunities to foreign head of states or diplomats in the territory of the receiving state. Defects: (1) Difficulty of determining when a practice can be considered to have hardened into custom and thus acquired obligatory force since it is neither formally promulgated nor struck off at a definite time and (2) inability at times, owing to its slow process of evolution, to adjust to the swiftly moving developments of the international society it is supposed to regulate. While both custom and usage refers to long established way of doing things by states, usage differs from custom since it is not coupled with obligatory force. 3. General Principles of Law Mostly derived from the law of nature and are observed by the majority of states because they are believed to be good and just. Have become universal in application because of the unilateral decision of a considerable number of states to adopt and observe them in recognition of their intrinsic merit. Examples are: prescription, estoppel, pacta sunt servanda, consent, and res judicata B. Secondary Sources 1. Decision of Courts includes decisions of both national and international courts as long as they are a correct application and interpretation of the law of nations. The doctrine of stare decisis is not applicable in international law, the decision of a court will only have persuasive value in the decision of a subsequent case. 2. Writings of Publicists Must be a fair and unbiased representation of international law and written by an acknowledged authority in the field, mere credentials are not enough. CHAPTER 3: THE INTERNATIONAL COMMUNITY International community is the body of juridical entities which are governed by the law of nations composed not only of states but also of such other international persons. A state is a group of people living together in a definite territory under an independent government organized for political ends and capable of entering into international relations with other states and international persons subject to the recognition of the international community. State is a legal concept while nation is a racial or ethnic concept, indicating a relation of birth or origin and implies a common race, usually characterized by community of language and customs. Elements of the State 1. People refers to the human beings of both sexes living within its territory and sufficient in number to maintain and perpetuate themselves. 2. Territory the fixed portion of the surface of the earth, big enough to be self sufficient and small enough to be easily administered and defended, in which the people of the state reside; necessary for jurisdictional reasons and in order to provide for the needs of the inhabitants. 3. Government the agency through which the will of the state is formulated, expressed, and realized. Under international law, it is the entity which represents the state in its relations in the international community. The form of government does not matter provided it is able to maintain order within the realm and comply with its responsibilities under the law of nations. 4. Sovereignty the power of the state to direct its own external affairs without the interference or dictation from other states.

*** An entity possessed of these elements is ordinarily regarded as an international person entitled to membership in the family of nations. However, this consequence does not always automatically follow. For one, the recognition of the state by other states is generally considered a political act which may not be compelled. Another would be the restricted capacity of the state to discharge international obligations, due to either treaty commitments or its limited resources.
Classification of States A. Independent States has full international personality; freedom in directing its external affairs free from dictation of others 1. Simple States one which is placed under a single and centralized government exercising power over both its internal and external affairs; example are Philippines and 2.

Netherlands

Composite States consist of two or more states, each with its own separate government, but bound under a central authority exercising, to a greater or less degree, control over their external relations

B. C.

Real Union created when two or more states are merged under a unified authority so that they form a single international person through which they act as one entity. The states forming the union retain their separate identities as such, but their respective international personalities are extinguished and blended in the new international person, which however, is not regarded as a state in itself. b. Federal Union known as federation, is a combination of two or more sovereign states which upon merger cease to be states, resulting in the creation of a new state with full international personality to represent them in their external relations as well as a certain degree of power over their domestic affairs and their inhabitants; example is the United States. c. Confederation an organization of states which retain their internal sovereignty and, to some degree, their external sovereignty, while delegating to the collective body the power to represent them as a whole for certain limited or specified purposes. To the extent that the confederation itself and each of the member states are able to maintain international relations, they are regarded as so many international persons although not full but only imperfect. d. Personal Union two or more independent states brought together under the rule of the same monarch, who nevertheless does not become one international person for the purpose of representing any or all of them. Each member remains a state and an international person, although its external policies are directed by the same ruler who dictates the foreign affairs of the other components of the union. Strictly speaking, the personal union is not a composite state because no new international person is created to represent it in international relations. e. Incorporate Union a union of two or more states, under a central authority empowered to direct both their external and internal affairs and possessed of a separate international personality. Differs from a real union since in real union only the external affairs are placed under the control of the central authority; example is the United Kingdom of Great Britain and Northern Island. Dependent States entities which although commonly recognized as states, are subject to the control of other states in the direction of their external affairs. Falls into two general categories (1) Protectorate and (2) Suzerainty. Neutralized States an independent state, whether it be simple or composite, neutralized through agreement with other states by virtue of which the latter will guarantee its integrity and independence provided it refrains from taking any act that will involve it in war or other hostile activity except for defensive purposes.

a.

Subject of International Law vs. Object of International Law SUBJECT - An entity that has rights and responsibilities under the international law; - Granted with international personality in that it can directly assert rights and be held directly responsible under the law of nations; - Has the faculty of reasons, such that it can be the proper party in transactions involving the application of the law of nations among members of the international community. OBJECT - The person or thing in respect of which rights are held and obligations are assumed by the subject; - Not directly governed by the rules of international law; - Its rights are received and responsibilities imposed indirectly through the instrumentality of an intermediate agency.

Following are the subjects of international law: 1. The United Nations not a state nor a superstate but a mere organization of states. Like states, although not to the same extent, it enjoys certain privileges and immunities, such as non-suability, inviolability of its premises and archives and exemption from taxation. It also has the right of legation, right enter into treaties and wage war through the exercise of its power to undertake enforcement action in case of threat to or breach of international peace. 2. The Vatican City with a government organized more for ecclesiastical rather than political purposes headed by the Pope; exercises certain prerogatives of states such as the treaty-making power and the right of diplomatic intercourse. 3. Colonies and Dependencies as part and parcel of the parent state, through which all its external relations are transacted with other states, it has no legal standing in the family of nations. Nevertheless, such entities have been allowed on occasion to participate in their own right in international undertakings and granted practically the status of a sovereign state; it is in this capacity that they are considered international persons. In view of the rise of nationalism, the number of colonies has substantially declined. 4. Mandates and Trust Territories the system of mandates was established after the World War I in order to avoid outright annexation of the underdeveloped territories taken from the defeated powers and to place their administration under some form of international supervision. Trust territories enjoy certain rights directly available to them under the United Nations Charter that vest them with a degree of international personality. They are, however, not sovereign. Three kinds of trust territories: (a) those held under the mandate of the League of Nations; (b) those detached from the defeated states after World War II; and (c) those voluntarily placed under the system by the states responsible for their administration. The terms of trusteeship are agreed upon by the administering authority with the Security Council for strategic areas and with the General Assembly for non-strategic areas. 5. Belligerent Communities when a portion of the population rises up in arms against the legitimate government of the state and the conflict widens and aggravates, it may become necessary to accord the rebels recognition of belligerency. For purposes of the conflict, and pending determination of whether or not the belligerent community should be fully recognized as a state, it is treated as an international person and becomes directly subject to the laws of war and neutrality. As such inchoative state, it is vested with full rights of visitation, search and seizure of contraband articles on the high seas, blockade and the like, and I held directly responsible for its unlawful acts. 6. International Administrative Bodies mainly non-political and autonomous, i.e. not subject to the control of any state, administrative bodies created by agreement among states vested with international personality. Examples are: International Labor Organization, Food and Agriculture Organization, World Health Organization and International 7.

Monetary Fund

Individuals the basic unit of the society, national and international, and is ultimately governed by the law of the society including those that are theoretically binding on states as agents of the individual. Originally regarded as an object but due to the evolution of international law, individuals may now be treated as valid subjects.

CHAPTER 4: THE UNITED NATIONS October 30, 1943 first formal step toward the creation of the United Nations through the signing of the Moscow Declaration by the representatives of China, Soviet Union, United Kingdom and United States August to October 1944 Dumbarton Oaks Proposal, the initial blueprint of the Organization, was prepared at a conference in Washington by the representatives of the United Kingdom, United States and USSR, later joined by China. It was here that the Security Council was conceived with the conferees and France as its permanent members. February 11, 1945 Voting rules were agreed upon by Roosevelt, Churchill and Stalin at the Yalta Conference in the Crimea. April 25, 1945 A general conference was held in San Francisco for the preparation of the charter of the international organization. April 25 to June 26, 1945 Delegates of fifty nations met at the San Francisco Conference who prepared and unanimously approved the Charter of the United Stations. October 24, 1945 The Charter of the United Nations came into force with the filing of the instruments of ratification by the members of the Big Five and a majority of the other signatories. The UN Charter - Consists of 111 articles + Preamble and concluding provisions, includes the Statue of the International Court of Justice which is annexed and made an integral part of it; - Intended to apply not only to members of the Organization but also to non-members states so far as may be necessary for the maintenance of international peace and security;

- Considered a treaty, having derived its binding force from the agreement of the parties, and a constitution, in so far as it provides for the organization and operations for the different organs of the United Nations and for the adoption of any change in its provisions through a formal process of amendment. - Amendments to Charter: proposal by 2/3 votes of the members of the General Assembly ratification by 2/3 votes of the members of the United Nations including all permanent members of the Security Council. - Review of the Charter: through a general conference called by a majority vote of the General Assembly + any nine members of the Security Council - Non-members of the UN are not bound to the Charter itself but only to the principles in so far as maybe necessary for the maintenance of international peace and security (Article

2, paragraph 6 of the Charter)

The Preamble to the Charter Introduces the Charter and sets the common intentions that moved the original members to unite their will and efforts to achieve their common purposes. 3 Pillars of the United Nations a. International Peace - to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind; b. Human Rights - to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from the treaties and other sources of international law can be maintained; c. Social Security - to promote social progress and better standards of life in larger freedom Purposes constitute the reason for being of the United Nations and are the aggregation of the common ends, the cause and object of the Charter to which th members states collectively and severally subscribe. As expressed in Article 1 of the Charter, they are: 1. 2. 3. 4. To maintain international peace and security; To develop friendly relations among nations based on respect for the principle of equal rights and self determination of people and to take other appropriate measures to strengthen universal peace; To achieve international cooperation in solving international problems of an economic, social, cultural and humanitarian character an in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; To be center for harmonizing the actions of nations in the attainment of these common ends.

Principles the methods and the regulating norms according to which the United Nations and its members shall discharge their obligations and endeavor to achieve their common end. The seven cardinal principles are the following (Article 2): 1. The Organization is based on the principle of sovereign equality of all its Members 2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter 3. All Members shall settle their international disputes by peaceful means in such manner that international peace and security, and justice, are not endangered 4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purpose of the United Nations most important principle of the United Nations 5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action 6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as maybe necessary for the maintenance of international peace and security 7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII. Membership Two kinds of members: (1) Original, those who signed or ratified the charter with a total of fifty-one original members and (2) Elective, those who are admitted to the United Nations by 2/3 votes of the members of the General Assembly upon favorable recommendation of at least nine members of the Security Council including all its permanent members. Both the decision of the General Assembly and favorable recommendation of the Security Council are required to effect admission. The distinction between the two kinds of members is based only on the manner of their admission and does not involve any difference in the enjoyment of rights or the discharge of obligations. Qualifications for admission to the United Nations: 1. It must be a state 2. It must be peace loving 3. It must accept the obligations of the Charter requires only a formal declaration from the applicant 4. It must be able to carry out these obligations 5. It must be willing to carry out these obligations Suspension of Members 2/3 votes of the members of the General Assembly upon favorable recommendation of at least nine members of the Security Council including all its permanent members. The suspension maybe lifted alone by the Security Council through a qualified majority vote. In effect, the member is prevented from participating in the meetings of the General Assembly or from being elected to or continuing to serve in the Security Council, Economic and Social Council or the Trusteeship Council. Nationals of the suspended member, however, may continue serving in the Secretariat and the International Court of Justice as they are regarded as international officials or civil servants acting for the Organization itself. The suspension affects only its rights and privileges and the member is still subject to the discharge of its obligations under the Charter. Expulsion of Members To provide for a stronger penalty than mere suspension, a member which has persistently violated the principles contained in the Charter may be expelled by 2/3 votes of those present and voting in the General Assembly upon the recommendation of the Security Council by a qualified majority vote. Withdrawal of Members No provision on withdrawal was included in the Charter because of the fear that it might encourage successive withdrawals that would weaken the Organization Nevertheless, as provided in the special committed report approved during the San Francisco Conference, a member might withdraw if: a. the Organization was revealed to be unable to maintain peace or could do so only at the expense of law and justice; b. the members rights and obligations were changed by a Charter amendment in which it had not concurred or which it finds itself unable to accept; c. an amendment duly accepted by the necessary majority either in the General Assembly or in a general conference is not ratified. Subsidiary Organs those created by or in accordance with the Charter. Examples are: Military Staff Committee, International Law Commission and Commission on Human Rights,

Commission on the Status of Women

Specialized Agencies not part of the United Nations but are brought into close contact with it because of their purposes and functions. Examples are: World Health Organization,

International Monetary Fund, International Trade Commission and Technical Assistance Board

Principal Organs of the United Nations Membership ORGANS - most representative of the organs; - consists of all the members of the organization, each of which is entitled to send not more five representatives and General five alternates as well Assembly as such technical staff as it may need.

Term So long as they are members of the United Nations

Session Regular Annual session beginning on the 3rd Tuesday of September; Special - at the call of a majority of its members or at the request of the Security Council

Vote - Each member has one vote; - 2/3 of those present and voting for decisions on important questions and majority votes for all other matters, including the determination of whether a question is important or not

Security Council

- key organ in the maintenance of international peace and security; - consists of five permanent members (China, France, United Kingdom, Russia and United States) and ten elective members elected by the GA

- Elected for 2-year term: 5 from African and Asian states, 2 from Latin American, 2 from Western European and other states, and 1 from Eastern European; w/out eligibility for immediate reelection; - Staggered term, retire and are replaced yearly; chairmanship is rotated every calendar month on the basis of the English alphabetical order of the names of the members

Supposed to be organized as to be able to function continuously; its members shall be represented at all times at the seat of the Organization

- Consists of 54 members, elected by the GA Economic and Social Council

- 3-year terms with eligibility for immediate reelection; - Staggered term, 1/3 retire and are replaced every year;

Trusteeship Council

International Court of Justice

Secretariat

Composed of: (a) the members of the UN administering trust territories; (b) permanent members of the Security Council not administering trust territories; and (c) as many members necessary to ensure equal numbers between those administering trust territories and those who does not - the judicial organ of the UN which functions in accordance with the Statute; - composed of 15 members elected by absolute majority vote in the GA and Security Council - Chief administrative organ of the UN, headed by the Secretary General who is chosen by the GA upon recommendation of the Security Council

The other members [c] are elected by the GA for a term of 3 years

Regular in accordance with its rules; Special - at the request of a majority of its members Regular in accordance with its rules; Special - at the request of a majority of its members

- governed by the Yalta formula; Each member has one vote but with distinction between the Big Five and the nonpermanent members in case of substantive questions; - procedural matters, vote of at least nine members while nonprocedural matters, vote of at least nine members including all the Big Five; parties to the dispute are not allowed to vote. - Each member has one vote and decisions are reached by a majority of those present and voting

Functions Deliberative - such as initiating studies and making recommendations toward the progressive development of international law and recommending measures for the peaceful adjustment of any situation which it deems likely to impair the general welfare or friendly relations among nations; Supervisory - such as receiving and considering annual and special reports from the other organs, making recommendations for the coordination of their various functions, and approving trusteeship agreements in non-strategic areas; Financial - such as the consideration and approval of the budget of the Organization, the apportionment of expenses among its members and the approval of financial arrangements with specialized agencies; Elective - such as the election of the non-permanent members of the Security Council, all the members of the Economic and Social Council and some of the members of the Trusteeship Council; Constituent - such as the admission of members and the amendment of the Charter of the United Nations - Take steps for the pacific settlement of disputes or when necessary even preventive or enforcement action so long as the dispute is international and not internal, such as a civil war, unless the parties themselves submit the matter to the United Nations. The intervention of the Council on internal disputes would be a violation of the cardinal principle on domestic jurisdiction which provides that it shall not intervene in any matter within the domestic jurisdiction of any state; - Approves trusteeship agreements in strategic areas; - Performs a number of voting and constituent functions, such as those relating to the admission and discipline of the members of the United Nations, the election of the judges of the International Court of Justice and the Secretary-General, and the amendment of the Charter

- Each member has one vote and decisions are reached by a majority of those present and voting

- Promotion of international economic and social cooperation; - Should exert efforts towards: (1) Higher standards of living, full employment, and conditions of economic and social progress and development; (2) Solutions of international economic, social, health and related problems, and international, cultural and educational cooperation; and (3) Universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion - Charged with the duty of assisting the Security Council and the General Assembly in the administration of the international trusteeship system, such as (a) consider reports submitted by the administering authority, (b) accept petitions and examine them in consultation with the administering authorities, (c) provide for periodic visits to the trust territories at times agreed upon with the administering authorities, and (d) take such other actions in conformity with the terms of the questionnaire on the political, economic, social and educational advancement of the inhabitants of the trust territories. - Has largely become obsolete with the conversion of practically all trust territories into full-pledged miniature states.

- 9-year terms with eligibility for reelection; - Staggered term, 1/3 are elected at three-year intervals; - no judge can be removed unless, in the unanimous opinion of the members, he has ceased to fulfill the requirements - Secretary General has a fixed term of 5 years and maybe reelected

- Shall remain permanently in session at the Hague or elsewhere, except during the judicial vacations

- May meet either en banc or in chambers composed of three or more judges; - All questions are decided by a majority of the judges present, the quorum being nine when the full Court is sitting.

- To decide contentious cases and to render advisory opinions; only states, including non-members of the United States, may be parties in contentious cases. The jurisdiction of the Court is based on the consent of the parties and comprises all cases which they refer to it and all matters especially provided for in the Charter or in treaties and conventions in force. - Advisory opinions maybe given by the Court upon request of the GA or the Security Council, as well as other organs of the UN, when authorized by the GA, on legal questions arising within the scope of their activities - To bring to the attention of the Security Council any matter which is his opinion may threaten international peace and security and to personally mediate upon authority of the Council; - Acts as secretary in all the meetings of the other organs, excluding the International Court of Justice, and such other functions assigned to him by these organs; - Prepares the budget of UN for submission to GA, provides technical facilities to the different organs and in general coordinates its vast administrative machinery.

Supplement notes to the table: General Assembly Important questions includes recommendations concerning international peace and security, election of members of the Councils, admission, suspension and expulsion of members, questions relating to the trusteeship system and budgetary matters

Security Council Permanent members were given the preferred position because they were the states that would be called upon to provide leadership and physical force needed to preserve the peace of the world, in view of their prestige and power. The geographical distribution of the non-permanent members was in recognition of the relative importance of the areas affected in the maintenance of international order. Procedural matters include questions relating to the organization and meetings of the Security Council, the establishment of subsidiary organs and the participation of states parties to a dispute in the discussion of the organ. Non-procedural matters are those that may require, under its responsibility of maintaining or restoring world peace, to invoke measures of enforcement. Unlike in the GA, the characterization of a question is considered a non-procedural matter. Veto power of the permanent members to prevent agreement on a non-procedural question even if it supported by all the other members of the Council Double veto power of the permanent members by means of which it can disapprove any proposal to consider a question merely procedural and thereafter vote against the question itself on the merits. Both the veto and double veto powers applies only to non-procedural matters. The abstention or absence of any permanent member in connection with a voting on a non-procedural question is not considered a veto and it is deemed adopted if approved by at least nine members including the rest of the permanent members. The purpose of the Yalta formula is to ensure the unity of the permanent members in the measures to be taken in the pursuit of its primary function of maintaining international peace and security. International Court of Justice All members are ipso facto parties to the Statute. A non-member may become a party on conditions to be determined in each case by the General Assembly upon recommendation of the Security Council. The judges must be of high moral character and posses the qualifications required in their respective countries for appointment to their highest judicial offices or are jurisconsults of recognized competence in international law. No two of them maybe nationals of the same state and in the event that more than one national of the same state obtain the required majorities, the eldest is deemed elected. The election of the judges should assure the representation in the Court of the main forms of civilization and the principal legal systems of the world. The Court shall elect its President and Vice-President, who shall serve for three years and maybe re-elected. Secretariat The Secretary General is the highest representative of the UN and is authorized to act in its behalf. When acting in this capacity, he is entitled to full diplomatic immunities and privileges which only the Security Council may waive while that of the other key officials of the UN maybe waived by the Secretary General. The Secretary-General and his staff are international officers solely responsible to the Organization and are prohibited from seeking or receiving instruction from any government or any other authority external to the UN.
CHAPTER 5: THE CONCEPT OF THE STATE Creation of the State An entity acquiring the four essential elements of people, territory, government and sovereignty is regarded in law as having achieved the status of a state and maybe treated as an international person subject to the recognition of the international community. The generally accepted methods by which this status is acquired are: revolution, unification, secession, assertion of independence, agreement and attainment of civilization. The Philippines became a state by assertion of its independence following the formal withdrawal from American sovereignty. The Principle of State Continuity From the moment of its creation, the state continues as a juristic being notwithstanding changes in its circumstances, provided only that they do not result in loss of any of its essential elements. Once its identity as an international person has been fixed and its position in the international community established, the state continues to be the same international person whatever changes may take place in its national operations and government. Extinction of State However, the state is not immortal for it is possible for it to be extinguished or die in a legal sense. If there is a radical impairment or actual loss of one or more of the essential elements of the state, it may result in its extinction. Examples: when the population is completely wiped out by an epidemic or nuclear explosion or have migrated in mass; when the government is overthrown without being replaced; when its territory has been substantially dismembered or annexed by others Succession of States vs. Succession of Governments Succession of States - Takes place when one state assumes the rights and some of the obligations of another because of certain changes in the condition of the latter - May either be: Universal Succession - when a state is annexed to another state or is totally dismembered or merges with another state to form a new state; the international personality of the former state is completely absorbed by the successor Partial Succession - when a portion of the territory is ceded to another or when an independent state becomes a protectorate or a suzerainty or when a dependent state acquires full sovereignty - the allegiance of the inhabitants of the predecessor state in the territory affected is transferred to the successor state; - the political laws of the former sovereign are automatically abrogated and restored only by a positive act on the part of the new sovereign; non-political laws, such as those dealing with familial relations, are deemed continued unless they are changed by the new sovereign or are contrary to the institutions of the successor state; - treaties of a political and even commercial nature, as well as treaties of extradition, are discontinued, except those dealing with local rights and duties, such as those establishing easements and servitudes; - all the rights of the predecessor state are inherited by the successor state except when liabilities are concerned. The successor state can determine, on its own discretion, which liabilities to assume and which ones to reject. Succession of Governments - Takes place when one government replaces another either peacefully or by violent methods; - The integrity of the state is not affected, the state continues as the same international person except only that its lawful representative is changed.

WHEN

EFFECTS

- The rights of the predecessor government are inherited in toto by the successor government. - For obligations, distinction is made according to the manner of the establishment of the new government. Where the new government was organized by virtue of a constitutional reform duly ratified in a plebiscite, the obligations of the replaced government are also completely assumed by the former. Conversely, where the new government was established through violence, as by revolution, it may lawfully reject the purely personal or political obligations of the predecessor government but not those contracted by it in the ordinary course of official business; - To illustrate, the cost of arms purchased by the old government for use against rebels cannot be charged against the new government. On the other hand, the successor maybe held to the payment of postal money orders purchased by an individual from the replaced government.

CHAPTER 6: RECOGNITION Even if an entity has already acquired the elements of international personality, its admission thereto is dependent on the acknowledgement of its status by those already within the fold and their willingness to enter into relations with it as a subject of international law. However, it is accepted as such only in so far as the states making the acknowledgement are concerned, which means that it is legally non-existent in the view of all other states. The extent of its membership in the international community is, therefore, dependent on the number of states prepared to admit it.

Recognition maybe extended by individual states or by a number of them together. Being essentially discretionary, recognition by other states may not be compelled. In the Philippines, it is the President who determines the question of recognition and his decision on this matter are considered acts of state which are, therefore, not subject to judicial review. His authority in this respect is derived from his treaty-making power, power to send and receive diplomatic representatives, his military power and his right in general to act as the foreign policy spokesman of the nation. As to the effect of common membership in an international organization of states that have not previously recognized each other, they are deemed to recognize each other only within the said body and not elsewhere.

Objects of Recognition Recognition of States - the free act by which one or more states acknowledge the existence on a definite territory of a human society politically organized, independent of any existing state, and capable of observing the obligations of Definition international law and by which and they manifest their intention to Revocability consider it a member of the international community; - Generally held to be revocable and carries with it The recognition of its government

Effects

Recognition of Government - the free act by which one or several states acknowledge that a person or a group of persons is capable of binding the state which they claim to represent and witness their intention to enter into relations with them; - Same with recognition of states, recognition of government is usually decided mainly on the basis of political considerations. Premature recognition may lead to international misunderstanding if the new government has been established through violent methods. In this case, the de jure government have cause for complaint if recognition is extended to the de facto government; - May be withdrawn and does not necessarily signify the existence of a state as the government maybe that of a mere colony. (1) Full diplomatic relations are established except where the government recognized is de facto; (2) The recognized state or government acquires the right to sue in the courts of the recognizing state. But mere breach of diplomatic relations does not have the effect of withdrawing the right to sue*; (3) The recognized state or government has a right to the possession of the properties of its predecessor in the territory of the recognizing state; (4) All acts of the recognized state or government are validated retroactively, preventing the recognizing state from passing upon their legality in its own courts.

Recognition of Belligerency - Belligerency exists when the inhabitants of a state rise up in arms for the purpose of overthrowing the legitimate. - Generally, belligerency is supposed to be a merely internal affair of the state and does not produce much international repercussion. But when the conflict widens and aggravates, it becomes necessary to consider the formal recognition of the belligerent community when the following conditions are met: 1. There must be an organized civil government directing the rebels 2. The rebels must occupy a substantial portion of the territory of the state 3. The conflict between the legitimate government and the rebels must be serious, making the outcome uncertain 4. The rebels must be willing and able to observe the laws of war. - Does not produce the same effects as the recognition of states and governments because the rebels are accorded international personality only in connection with the hostilities they are waging. - Upon recognition by the parent state, the belligerent community is considered a separate state for purposes of the conflict it is waging against the legitimate government. For the duration of the hostilities, their relations with one another will be governed by the laws of war and those with other states using the laws of neutrality; - Recognition extended by 3rd states are effective only as to them and do not bind other states not extending recognition. It is only where the recognition is made by the parent state that the effects become general and are legally applicable to all other states.

* The non-suability of the foreign state or government is not an effect of recognition; it is an attribute that the state can claim whether or not it has been recognized by the local state following the doctrine of state immunity. It has been held that to cite a foreign sovereign in the municipal courts of another state would be an insult which he is entitled to resent and would affect the peace of nations.
De Jure Government That government which has control of the administrative machinery of the state with popular acceptance and that it is willing to comply with its international obligations. The first criterion is the objective test, which means that the government must be able to maintain order within the state and to repel external aggression. The second criterion is the subjective test and maybe employed to justify the withholding of recognition from a government that is politically unacceptable. If it has not yet sufficiently demonstrated compliance with these conditions; it may, for the time being, be recognized as de facto until it is able to show that it deserves of de jure recognition. When there is no indication of the kind of recognition being extended, the presumption is that it is de jure Kinds of de facto government 1. That which is established by the inhabitants who rise in revolt against and depose the legitimate regime 2. That which is established in the course of war by the invading forces of one belligerent in the territory of the other belligerent, the government of which is also displaced 3. That which is established by the inhabitants of a state who withdraw therefrom without overthrowing its government Distinctions between the two kinds of recognition Recognition de jure 1 Relatively permanent 2 Vests title in the government of its properties abroad 3 Brings full diplomatic relations Insurgency vs. Belligerency Insurgency 1 The initial stage of belligerency 2 Directed by military authorities 3 Usually not recognized

Recognition de facto Provisional Does not Limited to certain juridical relations

Belligerency More serious and widespread Under a civil government With settled rules regarding its recognition

Kinds of Recognition 1. Express maybe verbal or in writing; it may be extended through a formal proclamation or announcement, a stipulation in a treaty, a letter or a telegram, or on the occasion of an official call or conference 2. Implied when the recognizing state enters into official intercourse with the new member by exchanging diplomatic representative with it, concluding with it a bipartite treaty dealing comprehensively with their relations in general, acknowledging its flag or entering into formal relations with it. In case of belligerent community, when the legitimate government blockades a port held by the former or when other states observe neutrality in the conflict. The act constituting recognition shall give a clear indication of an intention: (1) to treat with the new state as such; or (2) to accept the new government as having the authority to represent the state it purports to govern and to maintain diplomatic relations with it; or (3) to recognize, in the case of insurgents, that they are entitled to exercise belligerent rights. Anything short of these intentions in dealing with the entities in question will not give rise to recognition. FUNDAMENTAL RIGHTS OF THE STATE (Chapters 7-12) CHAPTER 7: THE RIGHT OF EXISTENCE AND SELF-DEFENSE Also known as the right to self-preservation, right to territorial integrity The most important right of the state; considered the most comprehensive because all its other rights are supposed to flow or be derived from it By virtue of this right, the state may take such measures, including the use of force, as may be necessary to resist any danger to its existence. Being an inherent right, it does not depend for its validity on the recognition of the state asserting the right or on the consent of other states. Applicable Provisions in the Charter: 1. Article 51: Presence of Armed Attack Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if any armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary for the maintenance of international peace and security.

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Suggests that forcible measures may be taken only in the face of a necessity of self defense instant, overwhelming, and leaving no choice of means and leaving no moment for deliberation. Mere apprehended danger or any direct threat to the state does not, by itself alone, warrant the employment by that state of any force against a suspected or potential enemy. The right maybe resorted to only upon a clear showing of a grave and actual danger to the security of the state and the self-defensive measures must be limited by the necessity and kept clearly within it. With the advancement of modern science and the development of more sophisticated methods of warfare, it has become a wide accepted notion that the best defense is offense. Requisites of Armed Attack: (1) presence of actual armed attack; (2) against a member of the United Nations; and (3) which the Security Council had not yet acted upon Valid act of self-defense even with the absence of armed attack (pre-emptive self defense). Example: Cuban Missile Crisis Article 52, Section 1: Regional Arrangements Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with the Purposed and Principles of the United Nations. Examples are Organization of American States and NATO (not strictly regional due to participation of US) One reason for the organization of regional arrangements is to provide for the balance of power, an arrangement of affairs so that no state shall be in a position to have absolute mastery and dominion over others. The maintenance of this balance of power contributed in a very real way to international peace although far from the ideal sought in the articles of faith of the UN being an armed peace

Aggression (adopted by the UN General Assembly on December 14, 1974) Article 1: The use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations. Article 2: The first use of armed forces by a State in contravention of the Charter shall constitute prima facie evidence of an act of aggression although the Security Council may, in conformity with the Charter, conclude that a determination that an act of aggression has been committed and would not be justified in the light of other relevant circumstances, including the fact that the acts concerned or their consequences are not of sufficient gravity. Article 3: Any of the following acts, regardless of the declaration of war, shall qualify as an act of aggression: a. The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack or any annexation by the use of force of the territory of another State or part thereof; b. Bombardment by the armed forces of a State against the territory of another State; c. Blockade of the ports or coasts of a State by the armed forces of another State; d. An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State; e. Use of armed forces of one State located within the territory of another State, by virtue of an agreement with the receiving state, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement; f. Actions of the a State in allowing its territory, placed at the disposal of another State, to be used by that State for perpetrating an act of aggression against a third State; g. Sending by or on behalf of a State of armed force against another State of such gravity as to amount to the acts list above or its substantial involvement therein. Article 4: The list above is not exhaustive, the Security Council may determine other acts constituting aggression as it may see fit Article 5: 1. No consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression. 2. A war of aggression is a crime against international peace and gives rise to international responsibility. 3. No territorial acquisition or special advantage resulting from aggression is or shall be recognized as lawful. Article 7: Nothing in this Definition could in any way prejudice the right of self-determination, freedom and independence. CHAPTER 8: THE RIGHT OF INDEPENDENCE Sovereignty that attribute which enables the state to make its own decisions vis--vis other states and vests it with competence to enter into relations and agreements with them. Two aspects: (1) Internal sovereignty, power to direct its domestic affairs and (2) External sovereignty, more often referred to as independence, signifies the freedom of the state to control its own external affairs Not absolute, it only means freedom from control by any other state or group of states and not freedom from the restrictions that are binding on all states forming the family nations. Examples are: May not employ force or threat of force in its relations with other states; May not refuse to observe treaties in good faith in accordance with the maxim pacta sunt servanda The principle of mare liberum will prevent it from arrogating to itself the exclusive use of the open seas to the detriment of other states Within its own domain, like the rules requiring maintenance of an international standard of justice and observance of fundamental human rights Certain restrictions on the sovereignty of the state: 1. Limitations imposed by the very nature of membership in the family of nations 2. Limitations imposed by treaty stipulations The right of independence carries with it the correlative duty of non-intervention. If the state wants its independence to be respected, it should respect other states independence Intervention is an act by which a state interferes with the domestic and foreign affairs of another state or states through the employment of force or threat of force which maybe physical, political or economic. Lacking such pressure, the involvement of a state in the affairs of another, even if unsolicited, cannot be considered intervention. Grounds for Intervention: (1) nonpayment of international debt and (2) Right of aliens Instances of Justified Intervention: (1) as an act of individual or collective self-defense, (2) by UN authorization, as when decreed by the Security Council as a preventive or enforcement action for the maintenance of international peace and security, (3) by treaty stipulation or by invitation and (4) on humanitarian grounds (which according to authorities in international law, has now evolved into an international custom). Categories 1. 2. 3. of Intervention Internal (domestic interference) vs. External (international interference) Individual vs. Collective (two or more states) Diplomatic vs. Armed or Punitive (use of armed force)

CALVO DOCTRINE - provision frequently inserted in contracts where nationals of another state renounce any claim upon his national state for protection. Such waiver can only be made, legally, by aliens state. DRAGO DOCTRINE - it prohibits intervention for the purpose of collecting contractual debts. It was formulated by Argentinian Foreign Minister Luis Drago as a reaction to what happened in Venezuela in 1902 where the ports of Venezuela were blockaded by the combined naval fleets of Germany, Italy, and Great Britain (the super powers of the time) to compel the Venezuelan government to pay its contractual debts. PORTER RESOLUTION provides for the instance when intervention is permitted: (1) the debtor state refused an offer to arbitrate the creditors claim, (2) having agreed to arbitrate, prevented agreement on the compromise and (3) having agreed to the compromise, refused to abide by the award of the arbitrator CHAPTER 9: THE RIGHT OF EQUALITY Article 2 of the Charter provides that the Organization is based on the principle of the sovereign equality of all its Members. It does not signify parity in physical power, political influence, economic status or prestige or even equality in the number of rights; it means that 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. Examples: (1) Every state has the right to protect its nationals, to make use of the open seas and the outer space, or to acquire or dispose of territory; (2) When involved in war, a small state would have the same right as bigger states to punish the carriage of contrabands or to have it captured combatants treated as prisoners of war; (3) all states, regardless of size and influence, are entitled to their dignity and the protection of their honor and reputation.

Kinds of Equality 1. Legal Equality equality before the law and not in the law 2. Symbolic Equality such as signing of treaties 3. Factual/Realistic Inequality supremacy of super powers CHAPTER 10: TERRITORY Territory the fixed portion of the surface of the earth inhabited by the people of the state; must be permanent and indicated with precision because its limit defines the jurisdiction of the states; must be big enough to provide for the needs of the population but should not be extensive enough as to be difficult to administer or defend from external aggression. The right to acquire territories is one of the fundamental rights of the state (comes under the right to property); can be asserted only in accordance with generally accepted principle of international law and always with due regard for the territorial integrity of other states Methods of Acquisition and Loss of Territory Acquisition Discovery and Occupation - the original mode of acquisition by which the territory not belonging to any state, or terra nullius, is placed under the sovereignty of discovering state. The territory need not be uninhabited provided the natives are not sufficiently civilized and can be considered as possessing not rights of sovereignty but only rights of habitation. Loss Abandonment or Dereliction - When the state exercising sovereignty over it physically withdraws from it with the intention of abandoning it altogether. Conditions: (1) act of withdrawal and (2) intention to abandon

Exception: Open Seas and Outer Space are res communes and not susceptible to discovery and occupation.

Requisites: (1) possession/occupation, claimed on behalf of the state represented by the discoverer through the formal proclamation and symbolic act of raising the national flag of the territory and (2) administration.

- If only possession, it will only serve as inchoate title of discovery, barring other states from entering the - The state wishes to relinquish all claims to the territory until the lapse of a reasonable period within which the discovering state may commence to territory. administer. Once the claimant begins exercising sovereignty, the title ripens into a full title. Otherwise, the inchoate title is extinguished and the territory becomes res nullius again. Prescription - requires long, continued and adverse possession to vest acquisitive title in the claimant. However, there is no rule yet fixing the period of possession necessary to transfer title to the territory from the former to the subsequent sovereign. Cession - method by which territory is transferred from one state to another by agreement between them. Usually effected by familiar transactions such as sale, donation, barter or exchange and testamentary disposition or even forced method (forced cession). Being essentially consensual, transfer of title is effected upon the meeting of the minds of the parties and not on the actual delivery of the territory to the acquiring state. Subjugation - when, having been previously conquered or occupied in the course of war by the enemy, it is formally annexed to it at the end of that war. Conquest alone confers only an inchoate right on the occupying state; it is the formal act of annexation that completes the acquisition. Erosion/Natural Causes - islands submerged to Accretion - accomplished through both natural and artificial processes, such as the gradual deposit of soil on the bottom of the sea due to volcanic eruption the coasts through the action of the water, by reclamation projects, formation of islands which can correspondingly extends the breadth of its territorial sea if occurring within the maritime belt of the state. Revolution Components of Territory A. Terrestrial Domain refers to the land mass which maybe integrated, dismembered, partly bounded by water, consists of one whole island or consisting of several islands (coastal archipelago vs. mid-ocean archipelago). Coastal archipelagos are those situated so close to a mainland that they may reasonably be considered part and parcel thereof, forming more or less an outer coastline from which it is natural to measure the marginal seas. Outlying (mid-ocean) archipelagos are groups of islands situated out in the ocean at such a distance from the coasts of firm land as to be considered as an independent whole rather than forming part of an outer coastline of the mainland. B. Maritime and Fluvial Domain consists of the bodies of water within the land mass and the waters adjacent to the coasts of the state up to a specified limit; includes the internal waters in the land-locked lakes, the rivers and manmade canals within the land mass, bays, gulfs and straits as well as the external waters in the territorial sea. 1. Rivers maybe classified into national (those are completely situated within the territory of the state), multi-national (those that flow through the territories of several states), international (one that is navigable from the open sea and is open to the use of vessels from all states) and boundary river (that which divides the territories of riparian states, states located on a river bank). In the absence of specific agreement between the states, the boundary line is laid on the rivet according to the thalweg doctrine, that which is on the center of the main channel and not of the river itself. Where the boundary river changes its course by a gradual and normal process, such as accretion or erosion, the dividing line follows the new course; but if the deviation is violent and abrupt, the boundary line will continue to be laid on the old bed of the river, in the absence of a contrary agreement. As for dividing line on a bridge across a boundary river, the same is laid on the middle of the bridge regardless of the location of the channel underneath, unless otherwise provided by the riparian states. 2. Bays a well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast. An indentation shall not be regarded as a bay unless its area is as large as or larger than that of a semi-circle whose diameter is a line drawn across the mouth of that indentation. If the distance between the low water marks of the natural entrance points of a bay does not exceed twenty-four miles, a closing line maybe drawn between these two low-water marks, and the waters enclosed thereby shall be considered internal waters. This does not apply to the so-called historic bays, whose waters have always been regarded as internal by the international community notwithstanding that the openings are more than twenty-four miles in width. 3. Territorial Sea the belt of waters adjacent to the coasts of the state excluding the internal water in bays and gulfs, over which the state claims sovereignty and jurisdiction. The Convention on the Law of Sea, became effective on November 16, 1994, provides for a uniform breadth of 12 miles for the territorial sea, contiguous zone of 12 miles from the outer limits of the territorial sea, and an economic zone or patrimonial sea of 200 miles from the low water mark of the coastal state. Article 1, Section 1 of the Philippine Constitution: Archipelagic Doctrine The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. The Philippines position is that all the several islands should be considered one integrated whole instead of being fragmented into separate units each with its own territorial sea. Otherwise, the waters outside each of these territorial seas will be regarded as high seas and thus be open to all foreign vessels to the prejudice and of our economy and the national security. Archipelago is a group of islands, including part of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form one basic geographical, economic and political entity. In defining the internal waters of the archipelago, straight baselines should be drawn to connect appropriate points in the outermost islands without departing radically from the general direction of the coast so that the entire archipelago shall be encompassed as one whole territory. The waters inside this base line shall be considered internal and thus, not subject to entry by foreign vessels without the consent of the local state. States advocating the Archipelagic Doctrine: Philippines, Indonesia, Mauritius, Fiji, and Bahamas C. Aerial Domain the airspace above the terrestrial domain and the maritime and fluvial domain of the state to an unlimited altitude but not including the outer space. Basis of Article 1 on National Territory of the 1987 Philippine Constitution based on RA 3046, as amended by RA5446 1. All the waters within the limits set forth in the Treaty of Paris between Spain and United States, Treaty of Washington between the two countries and Treaty between US and Great Britain; 2. All the waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines; 3. All the waters beyond the outermost islands of the archipelago but within the limits of the boundaries set forth in the aforementioned treaties;

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The baselines from which the territorial sea of the Philippines is determined consists of straight lines joining appropriate points of the outermost islands of the archipelago without prejudice to the delineation of the baselines of the territorial sea around the territory of Sabah, situated in North Borneo, over which the Philippines has acquired dominion and sovereignty.

Methods of Defining the Territorial Sea 1. Normal Baseline Method the territorial sea is simply drawn from the low water mark of the coast, to the breadth claimed, following sinuosities and curvatures but excluding the internal waters in bays and gulfs 2. Straight Baseline Method straight lines are made to connect appropriate points in the coast without departing radically from its general direction. Waters on the landward side of the baselines of the territorial sea form part of the internal waters of the state. CHAPTER 11: THE RIGHT OF PROPERTY AND JURISDICTION Jurisdiction the authority exercised by a state over persons and things within or sometimes outside its territory, subject to certain exceptions. - may also be acquired through treaties Classifications/Principles of Jurisdiction 1. Personal Jurisdiction/Nationality Principle Power exercised by the state over its nationals; based on the theory that a national is entitled to the protection of his state wherever he maybe and is bound to it by a duty of obedience and allegiance. This duty follows him even when he is outside the territory of his state. Provisions of Law: (1) laws on family rights and duties, status and conditions and legal capacity of persons; (2) intestate and testamentary succession; and (3) taxation of citizens even if not residing in the Philippines. Crimes under Article 2 of the RPC are punished even if committed outside Philippine territory 2. Territorial Jurisdiction/Territoriality Principle General Rule: The state has jurisdiction over all persons and property within its territory. Personal jurisdiction antedated territorial jurisdiction but the latter is more effective because it is asserted by the state over persons and property within its immediate control and subject to its coercive processes. Domestically absolute but not necessarily exclusive Exceptions to territorial jurisdiction: 1. Foreign head of states, diplomatic representatives and consuls to a certain degree Foreign head of states are exempt because of the sovereign equality of states and on the theory that a contrary rule would disturb the peace of nations Diplomats and consuls are exempt in order that they may have full freedom in the discharge of their official functions 2. Foreign state property, including embassies, consulates, public vessels engaged in non-commercial activities Public vessels are regarded as extensions of the territory of the foreign state 3. Acts of state 4. Foreign merchant vessels exercising the right of innocent passage or arrival under stress Innocent Passage navigation through the territorial sea of a state for the purpose of traversing that sea without entering internal waters or of proceeding to internal water or making for the high seas from internal waters, as long as it not prejudicial to the peace, good order or security of the coastal state. Arrival under stress or voluntary entrance maybe due to lack of provision, unseaworthiness of the vessel, inclement of weather or cases of force majeure like pursuit by pirates, 5. Foreign armies passing through or stationed in its territories with its permission 6. Such other persons or property, including organizations like United Nations, over which it may, by agreement, waive jurisdiction 3. Protective Jurisdiction/Protective Principle The state has the right to punish acts even if committed outside if it impairs the security of the state The state 1. 2. 3. exercise jurisdiction over the following: Its Nationals Terrestrial domain save in the foregoing cases, everything found within its terrestrial domain is under its jurisdiction Maritime and fluvial domain - Civil, criminal and administrative jurisdiction is exercised by the flag state over its public vessels wherever they maybe, provided they are not engaged in commerce. Regarding foreign merchant vessels docked in a local state or bay, jurisdiction is exercised over them by the coastal state in civil matters, but criminal jurisdiction is determined according to either English Rule (the coastal state shall have jurisdiction over all offense committed on board, except where they do not compromise the peace of the port) or French Rule (the flag state shall have jurisdiction over all offense committed on board except where it compromises the peace of the port). The Philippines adheres to the English Rule. As provided in the Convention of the Law of Sea, archipelagic sea lanes are to be laid over which foreign ships will have the right of passage as if they were open seas. Contiguous Zone protective jurisdiction; twelve nautical miles from the outer limits of the territorial sea, the coastal state may exercise the control necessary to: (a) prevent infringement and (b) punish infringement of its customs, fiscal, immigration or sanitary regulations within its territory or territorial sea. Continental Shelf - refers to: (a) seabed and subsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of two hundred meters or, beyond that limit, to where the depth of the super-adjacent waters admits of the exploitation of the natural resources of said areas and (b) to the seabed and subsoil of similar areas adjacent to the coasts of the islands The coastal state has the sovereign right to explore the continental shelf and to exploit its natural resources and for this purpose it may erect on it such installations and equipment as may be necessary. But this right shall not affect the legal nature of the super-adjacent waters as open seas or of the airspace above such waters and their use as such by other states shall not be impaired or disturbed The coastal state is allowed to establish on the open seas immediately above the installations a safety zone with a radius of five hundred meters over which it may exercise jurisdiction for the protection of its properties underneath. The above rights are exclusive such that if the coastal state does not explore the continental shelf or exploit its natural resources, no one may undertake these activities or make a claim to the continental shelf without the consent of the coastal state. Patrimonial Sea exclusive economic zone; extends two hundred nautical miles from the coast or the baselines. All living and non-living resources found therein belong exclusively to the coastal state. Open Seas res communes and available to the use of all states for purposes of navigation, flying over them, laying submarine cables, fishing or maybe used to wage hostilities in times of war. However, in the following instances, jurisdiction maybe exercised by the state: 1. Over its vessels the flag state has jurisdiction over its public vessels at all times since it is considered as an extension of the territory of the state, whether they be in its own territory, in the territory of other states or on the open seas. Merchant vessels, on the other hand, are under its jurisdiction when they are within its territory, when jurisdiction is waived or cannot be exercised by the territorial sovereign, or when such vessels are on the open seas. 2. Over pirates pirates are enemies of all mankind and maybe captured on the open seas by the vessels of any state, to whose territory they maybe brought for trial and punishment. Where a pirate vessel attempts to escape into the territorial waters of another state, the pursuing vessel may continue the chase but is under the obligation of turning over the pirates, when captured, to the authorities of the coastal state. Insurgents are not treated as pirates since piracy is committed for private ends and not political motives 3. In the exercise of the right of visit and search Under the laws of neutrality, the public vessels or the aircraft of a belligerent state may visit and search any neutral merchant vessel on the open seas and capture it if it is found or suspected to be engaged or to have engaged in activities favorable to the other belligerent 4. Under the doctrine of hot pursuit If an offense is committed by a foreign merchant vessel within the territorial waters of the coastal state, its own vessels may pursue the offending vessel into the open sea and upon capture bring it back to its territory for punishment. To be lawful, the pursuit must have started before the offending vessel has left the territorial waters or the contiguous zone of the coastal state with respect to violation of rights enforceable thereon. Moreover, the pursuit must be continuous or unabated; otherwise, it will be deemed to have cooled and can no longer be resumed. Aerial Domain Local state has jurisdiction over the airspace above it to an unlimited height or at the most up to where outer space begins. Accordingly, no foreign aircraft, civil or military, may pass through the aerial domain of a state without its consent. Five Air freedoms:

4. 5.

6. 7.

8.

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1. To fly across foreign territory without landing 2. To land for non-traffic purposes 3. To put down traffic originating in the state of the aircraft 4. To embark traffic destined for the state of the aircraft 5. To embark traffic destined for or to put down traffic originating in a third state It is the state of registration of the aircraft that has jurisdiction over offenses and acts committed on board while it is in flight or over the high seas or any other area outside the territory of any state. No other state may exercise jurisdiction over such aircraft except when: 1. Has an effect on the territory of such state 2. Committed by or against a national or permanent resident of such state 3. Is against the security of such state 4. Consists of a breach of any rules or regulations relating to the flight or maneuver of aircraft in force in such state 5. Necessary to ensure the observance of any obligation of such state under a multi-lateral international agreement. 9. Outer Space the region beyond the earths atmosphere; is not subject to jurisdiction of any state; includes the celestial bodies like the moon, etc. It shall be free for exploration and use by all states and is not subject to appropriation by claim of sovereignty, occupation or any other means. But a state launching an object into outer space shall retain jurisdiction and control over such subject and over any personnel thereof, while in outer space or on a celestial body. The state shall also be liable for any damages that these objects may cause to another state or person. 10. Other Territories maybe effected in the following ways: Through assertion of its personal jurisdiction over its nationals abroad or the exercise of its rights to punish certain offenses committed outside its territory against its nationals even if the offenders are non-resident aliens; On the strength of its relations with other states or territories, as when it establishes a colonial protectorate, or administers a trust territory occupies enemy territory in times of war; As a consequence of the waiver of jurisdiction by the local state over persons and things within its territory, illustrated by the foreign army stationed in another state but remains under the jurisdiction of the sending state; Through acquisition of extraterritorial rights. - Exterritoriality refers to the exemption of persons and property from the local jurisdiction on the basis of international custom. This remains a respected principle of international law as illustrated by the immunities of the head of state in a foreign country. - Extraterritoriality applies only to persons and is based on treaty or convention. It has become discredited because of the rise of nationalism and the sovereign equality of states Through the enjoyment of easements or servitudes, such as the easement of innocent passage or the easement of arrival under stress. CHAPTER 12: THE RIGHT OF LEGATION OR DIPLOMATIC INTERCOURSE Fundamental right of the state to enter into diplomatic relations with other states and international persons. One of the most effective ways of facilitating and promoting intercourse among states Characteristics of Legation: (1) Active right of sending diplomatic representatives and (2) Passive right of receiving them. Purely consensual, the maintenance of which is not a demandable right on the part of either the sending of the receiving state. Recognizing the many benefits available from contact with the family of nations, practically all states have availed themselves of the right. Agents of Diplomatic Intercourse 1. Head of State regarded as the embodiment of or at least represents the sovereign of his state; being regarded as sacrosanct, he is entitled to certain immunities and honors befitting his status as follows: a. Right to special protection for his physical safety and the preservation of his honor and reputation b. His quarters, archives, property, and means of transportation are inviolable under the principle of Exterritoriality c. Exempt from criminal and civil jurisdiction, except where he is the plaintiff d. Not subject to tax or to exchange or currency restrictions e. Ceremonial duties are due him unless he is travelling incognito 2. Foreign Secretary or minister To whom the conduct of external affairs is generally entrusted except when the matter under consideration is of such significance or delicacy as to warrant a summit meeting. the immediate representative of the head of state and directly under his control; can make binding declarations on behalf of the state on any matter falling within is authority such as (1) questions relating to recognition of states or governments and (2) the settlement of international claims against the state. The head of the foreign office and has direction of all ambassadors and other diplomatic representatives of his government 3. Members of the Diplomatic Service Accredited by the sending state as its permanent envoys to represent it in the states with which it is maintaining diplomatic relations; to whom regular or day-to-day conduct of international affairs is entrusted. Classification of the heads of diplomatic missions are: - Ambassadors or nuncios accredited to heads of states - Envoys, ministers or internuncios accredited to heads of states - Charges daffaires accredited to ministers for foreign affairs Above distinction is important only in connection with matters of protocol or the grant of special honors. In other respects, the various diplomatic agents enjoy substantially the same prerogatives regardless of rank Diplomatic Corps a body consisting of the different diplomatic representatives who have been accredited to the same local or receiving state; a loose organization without any corporate character and does not possess any legal powers or attributes but is important in watching over diplomatic privileges and honors and has at times acted officially in the protection of the rights of its members Doyen du corps the head of the diplomatic corps who by tradition is the oldest member with the highest rank, called Papal Nuncio in Catholic countries. 4. Special Diplomatic Agents charged with specific ceremonial or political duties: A. Envoys Ceremonial usually sent to attend state functions like coronation or a jubilee B. Envoys Political commissioned to negotiate with a particular state or to participate in an international conference of congress; no need for accreditation in the states where the conference is held or necessity of existing regular diplomatic relations between the state and their own. Appointment of Envoys The sending state must make certain that the agrement of the receiving state has been given for the person it proposes to accredit as head of the mission to that state. The receiving state is not obliged to accept any representative who is persona non grata to it. In some cases, the rejection of the accredited representative resulted to strained relations between the sending and receiving state. Agreation by means of which informal inquiries are addressed to the receiving state regarding a proposed diplomatic representative of the sending state. It is only after the receiving state has manifested its agrement or consent informally that the diplomatic representative is appointed and formally accredited. Should it result to refusal, the receiving state is not obliged to give its reasons for a refusal of agrement. Under the Philippine Constitution, the Presidents discretion to receive ambassadors and other public ministers duly accredited to the government of the Philippines is exclusive. Commencement of the Diplomatic Mission 1. When he has presented his credential 2. When he has notified his arrival and a true copy of his credentials has been presented to the foreign ministry of the receiving state. The credentials of the diplomatic agent include: 1. letter of credence or lettre de creance - the means by which he is accredited to the receiving state with the request that full faith and credit be given to his official acts on behalf of the sending state 2. Diplomatic passport 3. Official instructions 4. Cipher or code book for use in sending secret communications to his government

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The reception of the envoy is not a mere ceremony; it signifies the receiving states agrement to his appointment and will cause the granting to the diplomatic representatives of the usual privileges and immunities of his office. Diplomatic Functions 1. Representing the sending state in the receiving state 2. Protecting in the receiving state the interests of the sending state and its nationals 3. Negotiating with the government of the receiving state 4. Ascertaining by all lawful means conditions and developments in the receiving state and reporting thereon to the government of the sending state 5. Promoting friendly relations between the sending and receiving states and developing their economic, cultural and scientific relations In addition: May perform consular functions in the absence of a consular mission from the sending state On request or by agreement, may represent friendly governments. Example: When US undertook the diplomatic representation of the Philippine Republic while we were still in

the process of organizing our own foreign service

Conduct of Diplomatic Mission In the performance of his functions, the diplomatic agent must exercise utmost discretion and tact, taking care always to preserve the goodwill of the sending state and to avoid interference with the internal affairs of the receiving state. NOT TO DOs: Pitting or aiding one political party against another Publicly criticizing the policies and acts of the receiving state Employing threatening or offensive language or methods in the protection of the interests of his state or its nationals Using his mission for espionage or spying in the receiving state Dissemination of propaganda against the receiving state or subversion of its government Diplomatic Immunities and Privileges necessary to give the envoy the fullest freedom and latitude in the exercise of his official functions 1. Personal Inviolability the envoy is regarded as sacrosanct and is entitled to the special protection of his person, honor and liberty.

The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving state shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom and dignity. Diplomatic Convention

2.

3.

Exceptions: Injury caused by his initial aggression provoking retaliation on the other party Unduly exposing himself to danger as by mixing with a disorderly assemblage If he has committed an act of violence and it is necessary to place him in preventive restraint Immunity from Jurisdiction A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving state. He shall also enjoy immunity from its civil and administrative jurisdiction with exceptions: A real action relating to private immovable property situated in the territory of the receiving state, unless he holds it on behalf of the sending state for the purposes of the mission An action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending state An action relating to any professional or commercial activity exercised in the receiving state outside of his official functions Immunity from jurisdiction maybe waived either: a. Expressly (1) by the sending state or (2) under its authority, by the head of the mission b. Impliedly as when the person entitle to immunity commences proceedings in the local state thereby opening himself to any counterclaim Waiver of immunity from jurisdiction, for civil or administrative proceedings, does not carry with it the waiver of immunity for the execution of the judgment for which a separate waiver is necessary. Inviolability of Diplomatic Premises places on the receiving state a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity. The premises of the mission shall be inviolable. The agents of the receiving state may not enter them except with the consent of the head of mission. Diplomatic

Convention

4. 5.

The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution. Franchise de lhotel immunity of the diplomatic premises from the local laws. Includes the envoys offices, his residences and out buildings, his means of transportation, and the compound where these are found; these properties may not be entered by the local authority without his permission Not Absolute. Exception is when there is a clear and urgent necessity for the local authorities to take forcible measures to arrest any person subject to their jurisdiction (diplomatic asylum). Cases when diplomatic asylum is allowed: (1) when extended for humanitarian reasons as when the fugitive seeking sanctuary is in immediate danger of his life or

safety, (2) on the strength of local usage particularly in favor of political refugees and (3) treaty stipulations

Inviolability of Archives the receiving state has no right to pry into the official papers and records of a foreign diplomatic mission The archives and documents of the mission shall be inviolable at any time and wherever they may be. Diplomatic Convention In case of armed conflict, the archives must remain sealed and may not be confiscated by the local state. Inviolability of Communication essential to the proper discharge of the envoy of his official functions The receiving state shall permit and protect free communication on the part of the mission for all official purposes. In communicating with the government and other

missions and consulates of the sending state, wherever situated, the mission may employ all appropriate means, including diplomatic couriers and messages in code or cipher. Diplomatic Convention

6. 7.

8.

Official communications are inviolable and the diplomatic bag containing it shall not be opened or detained. This inviolability extends to the diplomatic courier of the diplomatic bag which entitles him to protection by the receiving state and free from any form of arrest and detention. Exemption from Testimonial Duties a diplomatic agent is not obliged to give evidence as a witness but he is not prohibited by international law from doing so and may waive this privilege when authorized by his government. Exemption from Taxation the diplomatic envoy is exempt from taxes, customs duties, and other duties, subject to the exception as provided for under the Diplomatic Convention; also exempt from social security requirements under certain conditions. His personal baggage is also fee from inspection unless there are serious grounds for presuming that it contains articles not exempt from customs duties or not admissible to the receiving state. Other Privileges Freedom of travel and movement in the receiving states territory subject to its laws and regulations Exemption from all personal services, from all public services of any kind, and from military obligation The right to use the flag and emblem of the sending state on the premises of the mission, including the residence of the head of the mission, and on his means of transport

To WHOM APPLICABLE are the immunities and privileges mentioned above Head of the mission and his family members Other members of the diplomatic retinue, although not in the same degree with the head of the mission, which consists of the following: Diplomatic staff Administrative and technical staff enjoys the same rights as the diplomatic staff except that immunity from civil and administrative jurisdiction shall not extend to unofficial acts Service staff if not nationals or permanent residents of the receiving state, enjoys only exemption from dues and taxes on their income from the mission and as such other immunities and privileges as maybe granted by the receiving state

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DURATION of Applicability START From the moment he enters the territory of the receiving state on proceeding to take up his post If already in the receiving state, from the moment his appointment is notified to the foreign ministry

DURING/Common to BOTH Acts in the exercise of his official functions shall be immune indefinitely having attached to the state he represents and not to him personally Available to him and to his family not only in situ but also in transitu, that is when travelling through a third state on the way to or from the receiving state so far as maybe necessary to secure his transit or return

END From the moment he leaves the country or on expiry of a reasonable time in which to do so, applies even in case of armed conflict.

TERMINATION of Diplomatic Mission Under Municipal Laws Under International Law Death Recall demanded by the receiving state when the foreign diplomat becomes persona non grata to it for any reason Resignation Dismissal by means of which the offending diplomat is simply asked to leave the country Removal Outbreak of war between the sending and receiving states, diplomatic relation is usually severed even before the Abolition of office actual commencement of hostilities Extinction of either state Maybe suspended when there is a change of government by means of violence and the new government has not yet been recognized by the receiving state. Does not apply if the change is by peaceful means

CHAPTER 13: CONSULS State agents residing abroad for various reasons but mainly in the interests of commerce and navigation Unlike diplomatic agents, they are not charged with the duty of representing their states in political matters nor are they accredited to the state where they are supposed to discharge their functions Do not ordinarily enjoy all the traditional diplomatic immunities and privileges; but, to a certain extent, are entitled to special treatment under the law of nations Consuls are public officers not only of the sending state but of the receiving state as well and are governed by both laws. As in the case of diplomats, states may refuse to receive consuls and to withhold the exequatur from them without explanation Consent of the establishment of diplomatic relations between two states implies the establishment of consular relations, unless otherwise stated. However, severance of diplomatic relations shall not ipso facto result to the severance of the consular relations and vice versa. Appointment consuls derive their authority from two principal sources 1. Letter patent or lettre de provision the commission issues by the sending state 2. Exequator the authority given by the receiving state allowing them to exercise their duties therein Kinds and Grades KINDS Consules Missi professional or career consuls who are nationals of the appointing state and are required to devote their full time to the discharge of their consular duties Consules Electi may or may not be nationals of the appointing state and performs their functions only in addition to their regular callings GRADES or RANKS Heads of the consular posts are classified according to importance: Consul General Consul Vice-consul Consular agent

Functions A. Duties pertaining to commerce and navigation 1. To promote the commercial interests of their country in the receiving state 2. To observe the commercial trends and developments therein for report to their home government 3. Visit, inspect and supervise vessels of their own states which maybe in the consular district 4. Visit and inspect foreign vessels destined for a port of the sending state B. Duties respecting the issuance of passports and visas 1. To issue passports to nationals of the sending state 2. To visa passports and to issue documents relating to entry into and travel within the territory of the sending state 3. To visa invoices and certificates of origin of goods destined for the territory of that state C. Duties of protection of nationals - To look after the interests of fellow nationals and to extend to them official assistance whenever needed 1. Authenticate documents 2. Solemnize marriages 3. Register births and deaths 4. Temporarily administer the estates of deceased nationals within the consular district 5. Advise and adjust differences between their fellow nationals 6. Visit them when they are arrested or detained by the receiving state 7. Assist them in proceedings before or in relation with the local authorities 8. Inquire into any incidents which have occurred within the consular district affecting the interests of such nationals Immunities and Privileges available to the consul and members of the consular posts, their respective families and the private staffs; maybe waived by the sending state; acts in the exercise of his functions are immune from jurisdiction without limitation as to time. Right to official communication and may correspond with their home government or other official bodies by any means including cipher or code, without being subjected to censorship or unreasonable restraint this right maybe curtailed or restricted whenever it is exercised to the prejudice of the receiving state Inviolability of their archives, which may not be examined or seized by the receiving state under any circumstances, nor may their production or testimony concerning them be compelled in official proceedings does not extend to the consular premises themselves, where legal processes maybe served and arrests made without violation of international law; consular offices maybe expropriated for purposes of national defense or public utility Exemption from local jurisdiction for crimes committed in the discharge of their official functions. are fully subject to the local law for other offenses and may be arrested, prosecuted and punished in proper proceedings; for reasons of comity, are not prosecuted for minor offenses and are given adequate opportunity to secure their release on bail at the soonest time upon arrest Civil suits maybe instituted against consuls in their private or personal capacity but not in matters connected with their official duties Exempt from taxation, customs duties, service in the militia and social security rules Privileged to display their national flag and insignia in the consulate Termination of Consular Mission Removal Resignation Death

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Expiration of the term Withdrawal of the exequatur by the receiving state When war break out between the two states. In the event of war, the consulate is closed and the archives are sealed and left in the custody of a caretaker who is usually a consul from a neutral state and the consul is allowed to depart for his own country ASAP w/out unnecessary molestation Severance of consular relations does not necessarily terminate diplomatic relations and vice versa.

CHAPTER 14: TREATIES A formal agreement, usually but not necessarily in writing, entered into by states or entities possessing treaty-making capacity for the purpose of regulating their mutual relations under the law of nations Executive agreement under municipal law, not a treaty insofar as the concurrence thereto of the Senate is not required under our Constitution. From the viewpoint of international law, they are alike in that both constitute equally binding obligations upon the nation Functions 1. Enable parties to settle finally actual and potential conflicts 2. Make it possible for the parties to modify the rules of international customary law by means of optional principles or standards 3. May lead to a transformation of unorganized international society into one which maybe organized on any chosen level of social integration 4. Provide the humus for the growth of international customary law Essential Requisites of a Valid Treaty 1. Entered into by parties with treaty-making capacity all states have full treaty-making capacity unless limited by reason of their status or by previous self-imposed inhibitions. However, there are instances, when even mere colonies have been allowed to sign treaties or join international conferences as full-fledged members along with sovereign states. Organizations granted with international personality may also enter into treaties, like UN and its organs, WHO, etc. 2. Through their authorized representatives it is for municipal law to determine which organ of the state shall be empowered to enter into treaties in its behalf General practice is to assign the treaty-making power to the executive department subject to the consent of the legislature or one of its branches. In the case of Philippines, it is vested with the President subject to the concurrence of two-thirds of all members of the Senate. 3. Without attendance of duress, fraud, mistake or other vice of consent presence of any will invalidate a treaty 4. On any lawful subject-matter a treaty with unlawful purpose would be null and void 5. In accordance with their respective constitutional processes non-compliance will prevent enforcement of the treaty even if already signed by the authorized negotiators. The treaty making process is governed by international law but the method of ratification is governed by the municipal laws Treaty-making Process 1. Negotiation - may be undertaken directly by the head of state but is usually assigned to his authorized representatives, who are provided with credential known as full powers, which they exhibit to the other negotiators at the start of the formal discussions It is standard practice for one of the parties to submit a draft of the proposed treaty, which together with the counter-proposals, becomes the basis of subsequent negotiations. The negotiations may be brief or protracted, depending on the issues involved, and may even collapse in case the parties are unable to come to an agreement on the points under consideration. 2. Signature done after the negotiators have finally decided on the terms of the treaty; intended as a means of authenticating the instrument for the purpose of symbolizing the good faith of the parties Does not indicate the final consent of the state in cases where ratification of the treaty is required The document is signed usually in accordance with the alternat, i.e., each of the several negotiators is allowed to sign first on the copy which he will bring home to his home state. 3. Ratification the formal act by which a state confirms and accepts the provisions of a treaty concluded by its representatives. Purpose is to enable the contracting states to examine the treaty more closely and to give them an opportunity to refuse to be bound by it should they find it inimical to their interests. For this reason that most treaties are made subject to the scrutiny and consent of a department of the government other than what which negotiated them. In the absence of a stipulation to the contrary and more so if ratification is expressly required, an un-ratified treaty cannot be a source of obligations between the parties. In case of refusal to ratify, it should be based on substantial grounds and not on superficial or whimsical reasons; otherwise, the other state would be justified in taking an offense. It should be emphasized that under our Constitution, the power to ratify is vested in the President, subject to the concurrence of the Senate. The role of the Senate, however, is limited only to giving or withholding its consent, or concurrence, to the ratification. Hence, it is within the authority of the President to refuse to submit a treaty to the Senate or, having secured its consent for ratification, refuse to ratify it. But as a rule, the President cannot ratify a treaty without the concurrence of two-thirds of all members of the Senate. Although the refusal of a state to ratify a treaty which has been signed in its behalf is a serious step that should not be taken lightly, such decision is within the competence of the President alone, which cannot be encroached by this Court via a writ of mandamus. 4. Exchange of Instruments of Ratification the last step which usually signifies the effectivity of the treaty unless a different date has been agreed upon by the parties. When ratification is dispensed with and no effectivity clause is embodied in the treaty, the instrument is deemed effective upon its signature.

5.

Submitted for registration and publication under the UN Charter not essential to the validity of the agreement as between the parties but is necessary for the treaty to be allowed to be invoked before any UN organ.

Binding Effect of Treaties General Rule: Binding only on the contracting parties, including not only the original signatories but also other states which, although have not participated in the negotiation of the agreement; have been allowed by its terms to sign it later by a process known as accession. Instances when third states maybe validly held to the observance of the treaty: 1. When the treaty is merely a formal expression of customary international law which is enforceable on all civilized states by virtue of their membership in the family of nations 2. Observance of the non-members of the UN of the principles of the Charter as maybe necessary for the maintenance of international peace and security Article 2 of the 3. 4.

Charter

Where the treaty expressly extends its benefits to non-signatory states By virtue of the most-favored-nation clause. A pledge by a contracting party to a treaty to grant to the other party treatment not less favorable than that which has been or may be granted to the most favored among other countries. The clause has been commonly included in treaties of commercial nature.

Observance of Treaties Pacta sunt servanda - international agreements must be performed in good faith. Despite supervening hardships such as (1) conflicts with the municipal law or (2) prejudice to the national interest, the parties must comply with their commitments under a treaty and cannot ignore or modify its provisions without the consent of the other signatories Regardless of a conflict with the constitution of one of the parties, the treaty is nevertheless internationally binding although unenforceable under municipal law. In this case, the state called upon to perform its obligations may: 1. Ask for a revision of the treaty 2. Amend its constitution to make it conform to the treaty requirement 3. Pay damages to the other parties for its inability to comply with its requirements

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which the parties contracted have changed substantially and unexpectedly creating a situation in which the exaction of performance would be unreasonable Requisites 1. the changed condition constitutes an essential basis of the consent of the contracting parties 2. the change transforms in an essential respect the character of the obligations undertaken in the treaty Limitations 1. applies only to treaties of indefinite duration 2. the vital change must have been unforeseen or unforeseeable and should not have been caused by the party invoking the doctrine 3. the doctrine must be invoked within a reasonable time 4. cannot operate retroactively upon the provisions of the treaty already executed prior to the change in circumstances

Doctrine of rebus sic stantibus constitutes an attempt to formulate a legal principle which would justify non-performance of a treaty obligation if the conditions with relation to

Treaty Interpretation General Rule: To give effect to the intention of the parties which should be discoverable in the terms of the treaty itself Resort to Statutory construction in case of ambiguity: 1. Specific provisions must be read in light of the whole instrument and of the purposes of the treaty 2. Words used are to be given their natural meaning unless a technical sense was intended, and, when they have different meanings in the contracting states, it should be interpreted in accordance with the usage of the state where they are supposed to take effect 3. Doubts should be resolved against the imposition of obligations and in favor of the freedom and sovereignty of the contracting parties 4. At all events, an interpretation that will lead to an absurdity is to be avoided and a more rational result preferred. Resort to extrinsic aids, when intrinsic aids are unavailable: 1. Circumstances leading to the conclusion of the treaty 2. Statements recorded at the time of the negotiations 3. Preliminary materials used In case of conflict in treaty interpretations, resolution is attained only (1) by agreement of the parties themselves or (2) by an international body. Decisions of the national courts of the contracting parties are received with respect but not as authority. Termination of Treaties 1. By expiration of the term, which maybe fixed or subject to a resolutory condition 2. By accomplishment of the purpose 3. By impossibility of performance 4. By loss of the subject matter 5. By desistance of the parties, through express mutual consent; desuetude or the exercise of the right of denunciation/withdrawal when allowed 6. By novation 7. By extinction of one of the parties if the treaty is bipartite 8. By vital change of circumstances under the doctrine of rebus sic stantibus 9. By outbreak of war between the parties in most cases, save specifically when the treaty was intended to regulate the conduct of the signatories during the hostilities, or to cede territory, or to fix boundaries. The provisions of the treaty which is compatible with a state hostilities, unless expressly terminated, will be enforced while those incompatible shall be rejected Techt vs. 10.

Hudges

By voidance of the treaty because of defects in its conclusion, violation of its provision by one of the parties, or incompatibility with international law or the UN Charter

CHAPTER 15: NATIONALITY AND STATELESSNESS Ordinarily, the individual can participate in international relations only through the instrumentality of the state to which he belongs. This remedy is generally not available to him if he is stateless for there would be no entity with international personality to intercede for him for the protection or vindication of his rights under the law of nations. Nationality the tie that binds an individual to his state, from which he can claim protection and whose laws he is obliged to obey; membership in the political community with all its concomitant rights and obligations. Citizenship more exclusive in scope than nationality; applies only to certain members of the state accorded more privileges than the rest of the people who also owe it allegiance, i.e. during the American regime in the Philippines, Filipinos and Americans were considered nationals of the United States vis--vis other states but Filipinos were not entitled to the same rights as the American citizens such for purposes of the administration of the internal affairs of the parent state (right to vote). Subject has particular reference to the nationals of the monarchial regimes, i.e. British subject, who may be a citizen of the United Kingdom . Acquisition of Nationality A. By Birth 1. Jure soli nationality of the state where he is born 2. Jure sanguinis nationality of his parents B. By Naturalization a process by which a foreigner acquires, voluntarily or by operation of law, the nationality of another state 1. Direct Naturalization effected through: a. individual proceedings, usually judicial, under general naturalization laws b. special act of the legislature, often in favor of distinguished foreigners who have rendered some notable service to the local state c. collective change of nationality (naturalization en masse) as a result of cession or subjugation d. in some cases, by adoption of orphan minors as nationals of the state where they are born 2. Derivative Naturalization does not always follow as a matter of course as it is usually made subject to stringent restrictions and conditions; conferred: a. on the wife of the naturalized husband b. on the minor children of the naturalized parents c. on the alien woman upon marriage to a national Multiple Nationality the possession by an individual of more than one nationality; acquired as a result of the concurrent application to him of the conflicting municipal laws of two or more states claiming him as their national. Doctrine of Indelible Allegiancean individual may be compelled to retain his original nationality notwithstanding that he has already renounced it under the laws of another state whose nationality he has acquired. Example: A woman who upon marriage to a foreigner continues to be a national of her own state under its laws while also acquiring her husbands

nationality in accordance with the laws of his state.

Loss of Nationality A. Voluntarily 1. Renunciation either express or implied 2. Request for release usually precede the acquisition of a new nationality B. Involuntarily 1. Forfeiture as a result of some disqualification or prohibited act, such as (a) enlistment in foreign army or (b) long continued residence in a foreign state 2. Substitution of one nationality for another following a change of sovereignty or any act conferring derivative naturalization Conflict of Nationality Laws Purpose is to provide against conflicts arising from differing municipal laws on nationality; as embodied in the Hague Conventions of 1930 Article 1 It is for each state to determine under its law who are its nationals. This law shall be recognized by other States insofar as it is consistent with international conventions, Article 2 Any question as to whether a person possesses the nationality of a particular State shall be determined in accordance with the law of the State.

international customs, and the principles of law generally recognized with regard to nationality.

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Article 3 Subject to the provisions of the present Convention, a person having two or more nationalities may be regarded as its national by each of the States whose nationality he Article 4 A state may not afford diplomatic protection to one of its nationals against a State whose nationality such person also possesses Article 5 Within a third State, a person having more than one nationality shall be treated as if he had only one. Without prejudice to the application of its law in matters of personal status

possesses.

and of any convention in force, a third State shall, of the nationalities which any such person possesses, recognize exclusively in its territory either the nationality of the country in which he is habitually and principally resident or the nationality of the country with which in the circumstances he appears to be in fact most closely connected. (Principle of Effective or Active Nationality) Article 6 Without prejudice to the liberty of a State to accord wider rights to renounce its nationality, a person possessing two nationalities acquired without any voluntary act on his part may renounce one of them with the authorization of the State whose nationality he desires to surrender. This authorization may not be refused in the case of a person who has his habitual and principal residence abroad, if the condition laid down in the law of the State whose nationality he desires to surrender are satisfied.
Statelessnesscondition or status of an individual who is born without any nationality or who loses his nationality without retaining or acquiring another. He is to be treated more or less like the subjects of a foreign state. Any wrong suffered by a stateless person through the act or omission of a state would be damnum absque injuria for in theory, no state has been offended and no international delict committed. A stateless person is entitled to, among others, the right to religion and religious instruction, access to courts, elementary education, public relief and assistance, rationing of products in short supply and treatment of no less favorable than that accorded aliens in general. Rules calculated to avoid conditions of statelessness, as embodied in the Hague Conventions of 1930: Loss of nationality only upon his retention of acquisition of another nationality In case of naturalization, the wife and children retain their existing nationality if they are not also naturalized. The wife will acquire the husbands new nationality, if permitted, only with her consent Adopted childs nationality is lost only after acquiring the adopters nationality Children shall have the nationality of their birth whenever their parents are: (a) unknown, (b) stateless or of unknown nationality, (c) a father who is stateless or of unknown nationality and a mother who is a national of the state where they are born. CHAPTER 16: TREATMENT OF ALIENS Every state has the right to determine under what conditions foreigners maybe admitted to its territory. Once it decides to accept them, however, it has the duty to treat them justly in accordance with the law of nations. If this duty is not observed, the alien and his state would have a valid cause for complaint. However, the foreigner must accept the institutions of the local state as he finds them. He cannot, as a rule, claim a preferred position vis--vis the national of the state where he is at best only a guest. Right of the State to admit and expel aliens No state is under obligation to admit aliens State imposes conditions on the admission of aliens State can expel aliens from its territory deportation/re-conduction Alien must accept the institutions of the State as he finds them Aliens may be deprived of certain rights Local law may grant aliens certain rights, privileges based on: a. Reciprocity b. Most-favored-nation treatment c. National treatment Privileges conferred may be revoked Doctrine of State Responsibility to Aliens State has the primary obligation to afford protection to aliens. A state is responsible for injury inflicted upon an alien if caused by an act or omission imputable to the state, in violation of international standard of justice. Liability will attach to the state if, (a) its treatment of the alien falls below the international standard of justice or (b) where it is remiss in according him the protection or redress that is warranted by the circumstances. International Standard of Justice standards of the reasonable state; elements of due process under ordinary norms of official conduct To constitute an international delinquency, the treatment of an alien should amount to an outrage, bad faith, willful neglect of duty, and insufficiency of governmental action that every reasonable and impartial man would readily recognize its insufficiency. Example: The Philippines is not liable for death or injury to alien hostages of the Abu Sayyaf, unless

it is shown to have participated directly or was remiss or negligent in taking measures to prevent injury, investigating the case, punishing the guilty, or to enable the victim or his heirs to pursue civil remedies.

Where the laws of the state fall below the international standard of justice, it is no defense that they are applicable not only to the aliens but equally to its nationals. Even if its laws conform to the international standard of justice, the state may still be held liable if (a) it does not make reasonable efforts to prevent the injury to the alien or (b) fails to repair the injury after an unsuccessful effort to prevent the same. However, liability does not immediately attach to the state; distinction is made between direct and indirect state responsibility. Direct State Responsibility where the international delinquency was committed by superior government officials or organs, like the chief of state or the national legislature, liability will attach immediately as their acts may not be effectively prevented or reversed under the constitution and laws of the state Indirect State Responsibility where the offense is committed by inferior government officials or by private individuals, the state will be held liable only if, by reason of its indifference in preventing or punishing it, it can be considered to have connived in effecting its commission.

Exhaustion of Local Remedies Assuming the state is liable for international delinquency, the foreigner cannot claim its enforcement unless he first exhausts all available local remedies for the protection or vindication of his rights. Exceptions are: There are no remedies to exhaust, i.e. laws are intrinsically defective, there are laxity or arbitrariness in its enforcement or where the courts are corrupt For acts of state, which are not subject to judicial review If the injured foreigner has exhausted all local remedies but without success, he may then avail himself of the assistance of his state but only if he has a state. With exception

to the United Nations who may file diplomatic claim on behalf of its officials.

Enforcement of Claim An international claim for damages may be resolved through (1) negotiation, (2) good offices, (3) arbitration, (4) judicial settlement, (5) hostile and forcible measures like war Once the responsibility of the state is established, the duty to make reparation will arise through (1) restitution, (2) satisfaction, (3) compensation, (4) all these three together Avoidance of State Responsibility The doctrine of state responsibility is applied more frequently to tortious or wrongful conduct rather than contractual liability because of the unwillingness of states to act as collection agencies of its nationals. To avoid intervention of the aliens state in contracts of this nature, the local state sometimes incorporates the Calvo Clause. Calvo Doctrine provision frequently inserted in contracts where nationals of another state renounce any claim upon his national state for protection and agrees to limit himself to the remedies available under the laws of the local state. Such waiver can only be made, legally, by the aliens state. Hence, it may not be interpreted to deprive the aliens state of the right to protect or vindicate his interests in case they are injured in another state. Exclusion of Aliens The practice of most states, is to regulate the immigration and stay of aliens and to provide for their deportation or extradition whenever warranted Deportation expulsion of an alien considered undesirable by local state; removal of an alien out of the country, simply because his presence is deemed inconsistent with the public welfare, and without any punishment being imposed or contemplated, either under the laws of the country out of which he is sent or under those of the country to which he is taken.

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Exclusion denial of entry to an alien; Re-conduction forcible conveying of aliens back to their home state without any formalities Extradition the surrender of a person by one state to another state where he is wanted for prosecution or, if already convicted, for punishment Becomes a demandable duty only if there is a treaty between the state of refuge and the state of origin. However, in pursuance of policy or as a gesture of comity, the surrender requested may still be effected notwithstanding the absence of a treaty.

Deportation vs. Extradition Extradition Effected at the request of the state of origin Based on offenses generally committed in the state of origin Calls for the return of the fugitive to the state of origin

Deportation Unilateral act of the local state Based on causes arising in the local state Undesirable alien maybe deported to a state other than his own or the state of origin

Fundamental Principles of Extradition 1. Extradition is based on the consent of the state of asylum as expressed in a treaty or manifested as an act of goodwill 2. Under the principle of specialty, a fugitive who is extradited may be tried only for the crime specified in the request for extradition and included in the list of offenses in the extradition treaty. If he is charged with any other offense committed before his escape, the state of refuge and not the accused, has the right to object; nevertheless, the prosecution will be allowed if the extraditing state agrees or does not complain 3. Any person may be extradited, whether he be a national of the requesting state, of the state of refuge or of another state. 4. Political and religious offenders are generally not subject to extradition An offense of political character exist when there are two or more parties in the state, each seeking to impose the government of their own choice on the other Murder of the head of state or any member of his family is not a political offense Crime of genocide committed with intent to destroy a national, ethnical, racial or religious group is not a political offense 5. In the absence of special agreement, the offense must have been committed within the territory or against the interests of the demanding state. 6. The act for which the extradition is sought must be punishable in both the requesting and requested states under what is known as the rule of double criminality. Procedure of Extradition 1. A request for extradition is presented through diplomatic channels to the state of refuge. This request will be accompanied by the necessary papers relative to the identity of the wanted person and the crime he is alleged to have committed or of which he has already been convicted. 2. Upon receipt of the request, the state of refuge will conduct a judicial investigation to ascertain if the crime is covered by the extradition treaty and if there is prima facie case against the fugitive according to its own laws. 3. If there is, a warrant of surrender will be drawn and the fugitive will be delivered to the state of origin. CHAPTER 17: SETTLEMENT OF INTERNATIONAL DISPUTES Dispute vs. Situation International Dispute an actual disagreement between states regarding the conduct to be taken by one of them for the protection or vindication of the interests of the other Situation the initial stage of a dispute; exist when the disagreement has not yet ripened into a full blown conflict or the issues have not yet been sufficiently formulated and defined Legal vs. Political Legal dispute involves justiciable rights based on law or fact susceptible of adjudication by a judicial or arbitral tribunal Examples: (1) Conflict in the interpretation of a treaty; (2) ascertainment of the boundaries of adjacent states Political dispute cannot be decided by legal processes on the basis of the substantive rules of international law because the differences of the parties spring from animosities in their mutual attitudes rather than from an antagonism of legal rights. Examples: (1) Enactment of immigration laws discriminating against the nationals of another state over the latters protests Methods of Settling Disputes Required to be settled via peaceful means in such a manner that international peace, security and justice are not endangered in conformity to the basic principles of UN Unlike municipal law, international law has not yet been able to provide for adequate machinery for the peaceful settlement of disagreements among states by compulsory processes binding on the contending parties. As consequence, states have on many occasions found it necessary to settle their disputes by themselves without regard to higher authority. 1. Through Amicable/Pacific Methods - generally the first step taken in the settlement of international dispute - discussion undertaken by the parties themselves of their respective claims and counterclaims with a view to their just and orderly adjustment Negotiation - if talks prosper and agreement is reached, it is usually formalized to a treaty or effected through the rectification of the injury caused to the claimant Inquiry - an investigation of the points in question by an impartial and conscientious body on the theory that their elucidation will contribute to the solution of the differences between the parties - the findings of the body is not conclusive upon the disputing states but may exert strong moral influence in the settlement of the conflict - a method by which a third party attempts to bring the disputing states together in order to enable them to discuss the issues in contention and arrive at an agreement - employed when the parties are no longer on speaking terms, i.e. when they have severed diplomatic relations or have actually commenced hostilities - a more active involvement than good offices; the third party does not merely provide the opportunity for the antagonists to negotiate but also actively participates in their discussions in order to reconcile their conflicting claims and appease their feelings of resentment - however, the mediator's suggestions are merely persuasive and maybe rejected without offense to the disputing parties - calls for the active participation of a third party in the attempt of the disputants to settle their conflict and the recommendations made by it are likewise not binding - in mediation, the conciliator offered its services while in conciliation, it is solicited by the disputing parties - the solution of a dispute by an impartial third party, usually a tribunal created by the parties themselves under a charter known as the compromis - compromis provides for the (1) composition of the body and the manner of the selection of its members, (2) its rules of proceedings, (3) the law to be applied by it and (4) the issues of fact or law to be resolved - the proceedings are essentially judicial and the award is, by previous agreement, binding on the parties to the dispute - entrusted to the International Court of Justice whose jurisdiction is not compulsory but dependent on the agrement of the parties to submit to and be bound by its decisions whose consent maybe manifested through: a.) a treaty containing "compromissary clause" empowering the Court to settle disputes arising from its interpretation or application b.) "optional jurisdiction clause" in Article 36 of the Statute* - similar to arbitration as to the (a) nature of the proceedings, (b) binding character of the decisions and (c) to the fact that the disputes submitted for adjudication are legal rather than political - differs with arbitration as to the following points: a.) Judicial tribunal is a pre-existing and permanent body while arbitral tribunal is an adhoc body created by the disputing parties b.) Jurisdiction is usually compulsory in judicial settlement while submission to arbitration is voluntary c.) Laws applied by judicial tribunal is independent of the will of the parties but maybe limited by them in arbitration proceedings - options to the other party, if any party fails to perform the obligations rendered in the judgment:

Good Offices

Mediation

Conciliation

Arbitration

Judicial Settlement

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a.) recourse to the Security Council which may decide upon measures to enforce the judgment b.) announcement of the compliance and appeal to world opinion to persuade the losing litigant to abide by the decision

Action by Regional and International Org

- maybe resorted to by the parties on their own volition or taken by the body itself at its own instance if allowed by agreement of the members

Examples: ASEAN

*Article 36 of the Statute: Automatic jurisdiction (compulsory ipso facto and without special agreement, which may be made unconditionally, or on condition of reciprocity, or for a

certain time) to all legal disputes concerning: A. Interpretation of a treaty; B. Any question on international law; C. The existence of any fact which, if established, would constitute a breach of an international obligation D. The nature or extent of the reparation to be made for the breach of an international obligation.

2. Through Hostile/Non-Amicable Methods not only unfriendly but may involve illegal and coercive acts; are usually imposed upon week countries by strong powers; are regarded as mild alternatives compared to war - any action taken in retaliation where the acts complained of do not constitute a legal ground of offense but are rather in the nature of unfriendly acts but indirectly hurtful to other states Retorsions Examples: (1) severance of diplomatic or consular relations, (2) suspension of commercial intercourse, (3) boycott, (4) stoppage of travel to

the other state, (5) denunciation of treaties, (6) imposition of higher tariffs and other trade barriers, (7) currency restrictions, (8) denial of loans, (9) withdrawal of privileges previously enjoyed, (10) recognition of a rival government and (11) adverse propaganda

Reprisals

- an act of self help on the part of the injured state, responding after an unsatisfied demand to an act contrary to international law on the part of the offending state. - It becomes unlawful when: (1) there is no previous act contrary to international law to justify the reprisal or (2) lack of sufficient occasion, of previous demand and of admissible proportion between the alleged offense and the reprisals taken - aim to impose on the offending state reparation for the offense or the return to legality in avoidance of new offenses

Examples: (1) display of force, (2) occupation of territory, (3) embargo or the detention by the offended state of the vessels of the offending state or its nationals, whether such vessels are found in the territory of the former or on the high seas, (4) pacific blockade, by which the vessels of the offending state are prevented from entering or leaving its ports by the ships of the state seeking redress.
Intervention - an act by which a state interferes with the domestic and foreign affairs of another state or states through the employment of force or threat of force which maybe physical, political or economic. Lacking such pressure, the involvement of a state in the affairs of another, even if unsolicited, cannot be considered intervention.

The United Nations - If the amicable or hostile methods of settling dispute didnt work or are not employed, UN maybe asked or may decide on its own authority to take a hand in its settlement A. SECURITY COUNCIL principally responsible for settling dispute and has JURISDICTION over: 1. All disputes affecting international peace and security 2. All disputes which, although coming under the domestic jurisdiction clause, have been submitted to it by the parties for settlement WHO may bring the dispute to Security Council? 1. Security Council, in its own motion 2. General Assembly 3. Secretary-General 4. Any Member of the United Nations 5. Any party to the dispute; in case of non-members of the UN, they should accept in advance the obligations of pacific settlement under the Charter HOW does Security Council settle the dispute? 1. Call on the parties to settle the dispute through any peaceful means 2. If unable to comply, recommends appropriate measures or methods of adjustment taking into consideration (a) any amicable measures already adopted and (b) that legal disputes should as a rule be referred to the International Court of Justice. 3. If still unavailing, recommends actual terms of compulsory settlement which the parties are under obligation to abide WHAT IF suggested terms of settlement is REJECTED? 1. Preventive Action initially suggest such measures not involving the use of armed force , such as: (a) complete or partial interruption of economic relations and of rail, sea air, postal, telegraphic, radio and other means of communication, and (b) severance of diplomatic relations 2. Enforcement Action if preventive action is inadequate, may take actions by air, sea or land forces such as (a) demonstrations, (b) blockades, (c) other operations by air, sea, or land forces of members of the United Nations. UN members are required to hold immediately available national air-force contingents for combined international enforcement action. Military Staff Committee consists of the chiefs of staff of the permanent members of the Security Council or their representatives. Its functions includes: 1. To advise and assist the Security Council on (a) all questions relating to its military requirements for the maintenance of international peace and security, (b) employment and command of forces placed at its disposal, (c) regulation of armaments and (d) possible disarmament. 2. Responsible for the strategic direction of any armed forces placed under the disposal of the Security Council B. GENERAL ASSEMBLY Tasked with settling the dispute if the Security Council, because of lack of unanimity of the permanent members, fails to exercise its primary responsibility for the maintenance of peace and security Shall consider the matter immediately with a view to making recommendations to the members for collective measures, the use of armed forces when necessary, to maintain or restore international peace and security If not in session, may meet in emergency special session within twenty-four hours at the request of any nine members of the Security Council or by a majority of the members of the United Nations. CHAPTER 18: WAR An armed conflict between the public forces of states or other belligerent communities, implying the employment of violence among the parties as a means of enforcing their respective demands upon each other. Laws of War - Despite the formal rejection of war, it has not yet been completely abolished as a means of solving disputes among nations. Hence, the need to know its important laws such as: 1. The Declaration of Paris of 1856, concerning warfare at sea 2. The Hague Conventions of 1899, concerning the use of expanding bullets and asphyxiating gases

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4. 5. 6. 7. 8.

The Hague Convention of 1907, concerning the opening of hostilities; the laws and customs of warfare on land, conversion of merchant ships into warships; the laying of automatic submarine contact mines; naval bombardment in times of war; the exercise of the right of capture in naval warfare; the discharge of projectiles from balloons; the adaptation of maritime warfare of the rules of the Geneva Convention of 1864 relative to the treatment of the wounded in land warfare; the rights and duties of neutrals in land warfare; the rights and duties of neutrals in land warfare; and the rights and duties of neutrals in naval warfare The Geneva Convention of 1925, concerning the use of asphyxiating, poisonous and other gases and of bacteriological methods of warfare The Geneva Convention of 1929, concerning the treatment of the sick and wounded and of prisoners of war The Declaration of London of 1936, concerning the use of submarines against merchant vessels The Geneva Convention of 1949, concerning the amelioration of the sick and wounded on land; the amelioration of the sick and wounded and of shipwrecked members of the armed forces at sea; the treatment of prisoners of war; and the protection of civilian persons in war The Nuclear Nonproliferation Treaty

How are these agreements enforced? a. Protest lodged by one belligerent accompanied by an appeal to world opinion b. Reparation for damages caused by the defeated belligerent c. Punishment of war criminals Commencement of War A. Declaration of War, date specified in the declaration or on the date it is communicated to the enemy B. Rejection of an Ultimatum C. Commission of an act of force regarded by at least one of the belligerents as an act of war Effects of the Outbreak of War 1. The laws of peace ceases and are superseded by laws of war which governs the relations of the belligerents for the duration of the hostilities. Third states are governed by the laws of neutrality in their dealings with belligerents. 2. Diplomatic and consular relations between the belligerents are terminated and their respective representatives are allowed to return to their own countries 3. Treaties of political nature, such as treaties of alliance, are automatically canceled, but those intended to operate during war, such as one regulating the conduct of hostilities between the parties, are activated. Multipartite treaties dealing with technical or administrative matters, like postal conventions, are deemed suspended between belligerents. 4. Individuals are impressed with enemy character: (a) under nationality test, if they are nationals of the other belligerent wherever they maybe; (b) under the domiciliary test, if they are domiciled aliens in the territory of the other belligerent, on the assumption that they contribute to its economic resources; and (c) under activities test, if being foreigners, they nevertheless participate in the hostilities in favor of the other belligerent. Juridical persons, like corporations, are regarded as enemies if a majority of their capital stock is in the hands of enemy nationals or if they have incorporated in the territory or under the laws of the other belligerent. 5. Enemy public property found in the territory of the other belligerent at the outbreak of hostilities is, with certain exceptions, subject to confiscation. Enemy private property may also be confiscated, subject to return after the war in accordance with the treaty of peace. Combatants and Non-combatants WHO 1. 2. 3. 4. 1. 2. 3. 4. 5. 6. Combatants Those engaged directly in the hostilities; subjected to direct attack from the enemy. Following are regarded as combatants: Members of the armed forces, except those not actively engaged in combat such as chaplains and medical personnel Irregular forces, such as guerrillas, provided that: (a) they are commanded by a person responsible for his subordinates; (b) they wear a fixed distinctive sign recognizable at a distance; (c) they carry arms openly; (d) they conduct their operations in accordance with the laws and customs of war. Levee en masse - inhabitants of unoccupied territory who, on approach of the enemy, spontaneously take arms to resist the invading troops without having had time to organize themselves, provided only that they carry arms openly and observe the laws and customs of war. Officers and crew of merchant vessels who forcibly resist attack Be accorded proper respect appropriate with their rank To adequate food and clothing To safe and sanitary quarters To medical assistance To refuse to give military information or render military service against their own state To communicate with their families Non-combatants - Those who do not engaged directly in the hostilities; - Not be subjected to attack as they are not supposed to participate in the actual fighting

RIGHTS when captured

Do not enjoy identical rights when captured but are nevertheless protected from inhumane treatment.

Conduct of the Hostilities Three basic principles underlying the rules of warfare: 1. Principle of Military Necessity the belligerents may employ any amount and kind of force to compel the complete submission of the enemy with the least possible loss of lives, time and money such as: blockade, bombardments and devastation of property 2. Principle of Humanity prohibits the use of any measure that is not absolutely necessary for the purposes of the war, such as the poisoning of wells and weapons, the employment of expanding bullets and asphyxiating gases, the destruction of works of art and property devoted to religious or humanitarian purposes, the bombarding of undefended places and attach of hospital ships. Other Examples: a. When the enemy vessel is sunk, the other belligerent must see to the safety of the persons on board b. The wounded and the sick must be humanely treated without distinction of nationality in whose power they are c. The rule that a combatant who surrendered should not be killed and agreements relating to the humane treatment of prisoners of war. 3. Principle of Chivalry requires the belligerents to give proper warning before launching a bombardment or prohibit the use of treachery in the conduct of the hostilities; such as the use of Red Cross emblem to throw the enemy off-guard prior to an attack. False flags are not allowed in land warfare, but war vessels may sail under a flag not their own provided they haul it down and hoist their own flag prior to the attack. Spy acting secretly or under false pretense, he obtains or seeks to obtain information in the zone of operations of a belligerent with the intention of communicating it to the hostile party, does not include scouts or soldiers in uniform of the other belligerent. Treatment: (1) are subject to the municipal law of the other belligerent; (2) if caught in the act, cannot be punished without previous trial (Hague Convention of 1907); (3) If he succeeds in rejoining his army and is latter captured, he incurs no responsibility for his previous acts and should be treated as prisoner of war. Kinds of Warfare: maybe waged: (1) on land or sea or air and (2) separately or simultaneously Booty personal property found in the battlefield. As a rule, it is subject to confiscation by the belligerent state except only the personal belongings of the individual combatants which have no military value such as jewelry. Theatre of war the place where the hostilities are actually conducted Region of war the greater area where the belligerents may lawfully engage each other, comprised of each belligerents territories and the open seas excluding neutral territories. Belligerents Occupation Territory is deemed occupied when it is actually placed under the authority of the hostile army, but is limited only to the area where such authority has been established and can be effectively exercised. Every square foot need not be actually occupied so long as the occupying army can, within a reasonable time, send detachment to make its authority felt within the occupied area. Does not result in the transfer or suspension of the sovereignty of the legitimate government although it may at the moment be unable to exercise it. What the belligerent occupant CAN DO: 1. To restore and ensure public order and safety while respecting, unless absolutely prevented, the laws in force in the country with regards family honor and rights, lives of persons and property and religious convictions and practice.

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May promulgate new laws, political and non-political, whenever necessary provided they do not contravene the generally accepted principles of international law. At the end of the occupation, the political laws are automatically abrogated while non-political laws may continue even beyond the occupation unless they are expressly repealed or modified by the legitimate government. 3. To exact from the populace contributions over and above the regular taxes for the needs of the army of the occupant or for the administration of its occupied territory 4. Make requisitions of things or services for the needs of the occupying forces subject to valuable consideration 5. To introduce military currency, provided the purpose is not to degrade the countrys economy. 6. Take possession of cash, funds and realizable securities which are strictly the property of the state, depots of arms, means of transport, stores and supplies and generally movable property belonging to the state which may be used for military operations 7. All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depots of arms and generally all kinds of ammunition of war may be seized but must be restored and compensation fixed when peace is restored. 8. Occupant belligerent is regarded only as administrator or usufructuary of public buildings, real estate, forests, agricultural estates belonging to the hostile state and situated in the occupied territory. What the belligerent occupant CANNOT DO: 1. Declare the independence of the occupied territory 2. Require its inhabitants to renounce their allegiance to the lawful government 3. Inflict general penalty, pecuniary or otherwise, on the population on account of the acts of individuals for which it cannot be regarded as collectively responsible. 4. Confiscate private property, except those with military use, subject to restoration or compensation when peace is made. The property of municipalities and of institutions dedicated to religion, charity and education, and the arts and sciences, even when state owned, shall be treated as private property, and their destruction is expressly forbidden.

Postliminium or Right of Postliminy or Jus Postliminium The reinstatement of the authority of the displaced government once control of the enemy is lost over the territory affected. Upon the end of the belligerent occupation, the laws of the re-established government are revived and all acts taken by the belligerent occupant that it could not legally do under the law of nations, as well as lawful acts of political complexion, are invalidated. Non-political acts performed during the occupation, like a decree of divorce or judgment for recovery of debt, remain valid even after the occupation; but acts of political character, such as conviction for a crime committed against the previously occupying forces, automatically lose their validity upon the end of the occupation. Non-Hostile Intercourse Flag of truce a white flag carried by an individual authorized by one belligerent to enter into communications with the other. The bearer, or parlementaire, is entitled to inviolability as long as he does not take advantage of his privileged position to commit an act of treachery. However, the other belligerent is not obliged to receive a flag of truce. Cartels agreements to regulate intercourse during war on such matters as postal and telegraphic communication, the reception of flags of truce, and the exchange of prisoners. A cartel ship is a vessel sailing under a safe conduct for the purpose of carrying exchanged prisoners of war. Passport written permission given by the belligerent government or its authorized agent to the subjects of the enemy state to travel generally in belligerent territory Safe-conduct a pass given to an enemy subject or to an enemy vessel allowing passage between defined points. Given either by the belligerent government or by the commander of the area within which it is effective Safeguard a protection granted by a commanding officer either to enemy persons or property within his command. When enforced by a detail of men, they must use extreme measures if necessary to fulfill their trust, and are themselves exempt from attack or capture by the enemy. License to trade a permission given by the competent authority to individuals to carry on trade even though there is a state of war. May either be: A. General License grants to all subjects of the enemy state the right to trade in specified places or in specified articles B. Special License grants to a certain person the right to trade in the manner specified in his license Suspension of Hostilities 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 Armistice suspension of all hostilities within a certain area (local) or in the entire region of war (general) agreed upon by the belligerent governments, usually for the purpose of arranging the terms of the peace. Suspension of Arms vs. Armistice SUSPENSION OF ARMS ARMISTICE Purpose Military Political Who may conclude Local Commanders Commanders-in-chief of the belligerent governments Form Maybe Oral Usually in writing Cease-fire an unconditional stoppage of hostilities by order of an international body like UN Security Council for the purpose of employing peaceful means of settling differences between the belligerents. Truce cease-fire with conditions attached; sometimes used interchangeably with armistice Capitulation surrender of military forces, places or districts in accordance with the rules of military honor. Termination of War supposed to end with the re-establishment of peace but its precise date is uneasily fixed in view of the different methods of terminating state of hostilities, such as: 1. By the simple cessation of hostilities property or territory in the possession of the respective belligerents upon termination of the war is retained by them in accordance with the principle of uti possidetis As distinguished from status quo ante, which calls for the complete restoration to their former owners of property or territory that may have changed hands during the hostilities with exception only of prize and booty. 2. By the conclusion of a negotiated treaty of peace resorted to when the belligerents are unable to effect a decisive victory against each other 3. By the defeat of one of the belligerents followed by a dictated treaty of peace or annexation of the conquered country Surrenders conditionally a treaty of peace is concluded embodying the conditions specified in the surrender Surrenders unconditionally the victorious belligerent usually issues unilateral declaration announcing the end of the war followed by peace treaty dictated by it and specifying the rules on the settlement of the obligations of the defeated state and the disposition of its territories. Aftermath of War One of the inevitable consequences is the implied judgment, right or wrong, that the defeated belligerent is the guilty party in the dispute that caused the hostilities. As such, it will be responsible for the war and will be compelled to acknowledge the obligation to pay reparations for injuries and losses suffered by the victorious states. Its nationals will be punished as war criminals and will be held liable for other violations of international law. Following are the Principles of the Nuremberg Charter and Judgment: I. Any person who commits an act which constitutes a crime under international law is responsible therefore and liable for punishment II. The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law. III. The fact that a person who committed an act which constitutes a crime under international law acted as Head of States or responsible Government official does not relieve him from responsibility under international law. IV. The fact that a person acted pursuant to orders of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible. V. Any person charged with a crime under international law has the right to a fair trial on the facts and law. VI. The crimes hereinafter set out are punishable as crimes under international law: a. Crimes against peace b. War crimes c. Crimes against humanity. CHAPTER 19: NEUTRALITY

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A state is said to be neutral if it does not take part, directly or indirectly, in a war between other states. NEUTRALIZATION The result of a treaty which provides for the duration and other conditions of neutralization as agreed upon by the neutralized state and other powers The agreement governs the conduct of the signatories Intended to operate both in times of war and times of peace States and portion of states; such as rivers, canals, islands; maybe neutralized

Neutrality vs. Neutralization NEUTRALITY Dependent solely on the attitude of the neutral state, which is free to join any of the belligerents at any time it sees fit. Governed by the law of nations Applicable only during war Applicable only to states

Laws of Neutrality A. Where embodied 1. Customary law of nations 2. Conventions such as: (a) Declaration of Paris of 1856, (b) Hague Convention of 1907 and (c) Declaration of London of 1909 B. Purpose To define: 1. Relations of the belligerent states with the neutral states RIGHTS and DUTIES Neutral State Belligerent State To abstain from taking part in the hostilities and from giving assistance to Are bound to respect the status of the neutral state either belligerents Avoid any act that will directly or indirectly involve To prevent its territory and other resources from being used in the conduct of it in their conflict hostilities by the belligerents To submit to any lawful means the neutral state To accept certain restrictions and limitations that the belligerent may find may take to maintain or protect its neutrality necessary to impose, especially in connection with international commerce 2. Relations of the belligerent states with the nationals of the neutral state Neutral states are free to allow their nationals to deal, in their private capacity, with any of the belligerents without compromising its neutrality; unless there are special rules imposing upon the neutral state the duty of intervening in the transaction. In the absence of special rules, international law considers the relationship as strictly between the individual and the belligerent state and whatever hardships may be suffered by the individual, as a rule, be accepted by the neutral state.

Use of Neutral Territories Allowed Passage of the sick and wounded troops provided personnel and materials of war are not also carried Giving refuge to troops from belligerent forces but must hold them as far as possible from the theatre of war Escaped prisoners of war need not be detained but must be assigned a place of residence if they are allowed to remain - Passage though its territorial waters of warships or prizes belonging to belligerents provided they do not enter neutral ports, harbors and roadsteads. - Exception: If due to unseaworthiness, lack of fuel or provisions or stress of weather conditions for a usual duration of 24hrs which may be shortened or extended depending on the reason for entry. Vessel must immediately leave as soon as: a) Re-provisioned: can only take so much fuel/supplies as needed until it reaches the nearest of its ports; b) Weather improves; or c) Repairs are completed - permitted so long as they are not intended to increase its fighting force - Where vessels from both belligerents are in neutral waters at the same time, a period of 24hrs must elapse between the departure of the first and second vessel, its order being determined by their time of arrival. Maximum of three vessels from any belligerent shall be allowed simultaneously in the same neutral port NOT Allowed - maybe resisted with armed force if necessary, such resistance not being regarded as hostile act Movement of belligerent troops Transport of war supplies Creation of wireless stations for exclusively military purposes Recruiting of soldiers and any military operations in general Use of territorial waters by the belligerent as asylum when under pursuit or attack by the enemy. If it refuses to leave, should be rendered incapable of putting out to sea for the duration of the war. Its officers and crew being detained by the neutral state Passage of military aircraft belonging to belligerents. If it lands, should be detained and its officers and crew detained by the neutral state.

Use of Neutral Facilities and Services A. ALLLOWED: Export from or transit through its territory of war supplies purchased from private traders by the belligerents in the ordinary course of commerce, but it is required to take reasonable diligence in preventing the delivery of vessels constructed and armed in its territory for use by any of the belligerents B. NOT ALLOWED: (a) to send military contingents, (b) extend loans, or (c) sell supplies of war to either or both of the belligerents Visit and Search Right of belligerent warships and aircrafts with regards neutral merchant vessels on the high seas for the purpose of determining whether they are in any way connected with the hostilities Instance when neutral merchant vessels maybe captured as a prize: (a) when engaged in hostile activities, (b) when they resist visit and search and (c) when there is reasonable suspicion that they are liable to confiscation Prize is not captured summarily but must be brought to a prize court for adjudication. Prize Court a tribunal established by a belligerent under its own laws, in its territory or the territory of its aliens and applies the rules of international law in the absence of special municipal legislation When title to the prize, vests to the captor? (1) If the vessel or goods are public enemy, title vests immediately upon capture and (2) if not, title vests upon confirmation by the prize court of the validity of the capture. How about its cargo? As provided in the Declaration of Paris of 1856 , (1) Enemy goods under a neutral flag are not subject to capture, except contraband of war and (2) neutral goods under an enemy flag are not subject to capture, except when contraband of war. Contraband Term applied to goods which, although neutral property, may be seized by a belligerent because (1) they are useful for war and (2) bound for a hostile destination Categories of Contrabands A. Absolute Contraband necessarily useful for war under all circumstances, like rifles and ammunitions B. Conditional Contraband have both civilian and military purposes, like food and clothes C. Free List includes goods that are useful for war and bound for the belligerents but exempted from the law of contraband for humanitarian reasons, like medicine and medical supplies Doctrine of Ultimate Consumption Goods intended for civilian use which may ultimately find their way to and be consumed by the belligerent forces are liable to seizure on the way Doctrine of Infection Innocent goods shipped together with contrabands, both belonging to the same owner; the innocent goods may also be confiscated. As to the vessel carrying the contraband, it is confiscable if the contraband are more than one-half of the total cargo by weight, value, freight or volume. Doctrine of Ultimate Destination The liability of contraband to capture is determined not by their ostensible but by their real destination. Even if the vessel stops at an intermediate neutral port, it will still be considered as one continuous voyage provided it can be shown that its cargo will ultimately be delivered to a hostile destination. - This is to counteract the methods resorted to by some vessels who pretend to stop at an intermediate neutral port, where the goods are unloaded so as to give the appearance that they were destined for this port, although the goods are subsequently loaded again, either on the same vessel (know as doctrine of continuous voyage) or on another vessel or form of transportation (known as doctrine of continuous transport), for final shipment to their real belligerent destination.

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Blockade A hostile operation by means of which the vessel and aircraft of one belligerent prevent all other vessels, including those of neutral states, from entering or leaving the ports or coasts of the other belligerent. Purpose: To shut off the place from international commerce and communication with other states Differs from pacific blockade, since the latter only applies to the vessels of the blockaded state and does not affect the vessel of other states. Requisites to be valid: 1. BINDING, i.e. duly communicated to the neutral states 2. EFFECTIVE, meaning that it is maintained by adequate force so as to make ingress or egress from the port dangerous 3. ESTABLISHED BY PROPER AUTHORITIES of the belligerent government, generally by the head of state 4. LIMITED ONLY TO THE TERRITORY OF THE ENEMY and not extended to neutral places or international rivers 5. IMPARTIALLY APPLIED to all states alike When captured, the liability of a neutral vessel for breach of blockade is contingent on its knowledge, actual or presumptive, of the blockade and continues as long as it is pursued by the ships of the blockading force after it has left or tried to enter the blockaded port. If the pursuit is abandoned or the blockade is lifted, capture of the ship can no longer be effected. A vessel found guilty of breach of blockade is liable to condemnation and so is its cargo, unless it is proved that at the time it was shipped the owner neither knows nor could have known of the intention to violate the blockade. Un-neutral Service Consists of acts, of a more hostile character than carriage of contraband or breach of blockade, which are undertaken by merchant vessels of a neutral state in aid of any of the belligerents. Acts considered as Un-neutral service: (the cargoes belonging to the owner of the vessels, is likewise confiscable) 1. Making a voyage special for the transport of individual passengers who are embodied in the armed forces of the enemy or with a view to the transmission of information in the interest of the enemy; 2. With the knowledge of the owner, or the one who charters the entire vessel, or of the master, it is transporting a military detachment of the enemy or one or more persons who, during the voyage, lend direct assistance to the operations of the enemy. 3. Takes direct part in the hostilities 4. If it is under the orders or control of an agent placed on board by the enemy government 5. If it is chartered entirely by the enemy government 6. If it is at the same time and exclusively either devoted to the transport of enemy troops or the transmission of information in the interest of the enemy Angary Right of the belligerent to seize, use or destroy neutral property found in its territory, in enemy territory or on the high seas in case of urgent necessity for purposes of offenses and defense subject to payment of just compensation. Requisites: 1. That the property is in the territory under the control or jurisdiction of the belligerent 2. There is urgent necessity for the taking 3. Just compensation is paid to the owner Angary vs. Eminent Domain ANGARY EMINENT DOMAIN CANNOT be exercised over properties that is only temporarily under Exercised over properties that is only temporarily under the jurisdiction of the belligerent's jurisdiction the belligerent, usually over the owner's objection Purpose for taking the property is not to destroy it Property is taken for the purpose of destroying it

Termination of Neutrality 1. When the neutral state itself joins the war previously neutral state will be governed by laws of war in its relation with other belligerents and laws of neutrality in its relations with all other states. 2. Upon conclusion of peace all states will again be governed by the laws of peace

Other TOPICS: Constitutional Provisions related to International Law: 1. Article INational Territory 2. Article II, Section 2Incorporation Clause 3. Article II, Section 4defense of state 4. Article II, Section 7independent foreign policy 5. Article II, Section 8freedom from nuclear weapons 6. Article III, Section 6liberty of abode 7. Article IVCitizenship 8. Article VI, Section 23State of war 9. Article VII, Section 21treaty 10. Article VIII, Section 5cases affecting ambassadors 11. Article XII, Section 2ownership of lands and exploration of resources 12. Article XVIII, Section 4treaties 13. Article XVIII, Section 25foreign military troops

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