1. Explain the Pillars of International Law?

The Pillars of International pertains to Humanitarian Law, Refuge law and Human Rights
law are complimentar !odies of law that share a common goal the protection of the
li"es, health and dignit of persons. The form a complex networ# of complimentar
protection and it is essential that how the interact.
$. %hat is the Legal significance and upshot of esta!lishing and pro"iding a national
territor pro"ision in the &onstitution?
It should !e remem!ered that a constitution is a municipal law. 's such it !inds onl the
nation promulgating it. Hence, a definition of national territor in the constitution will !ind
internationall onl if it is supported ! proof that can stand in international law.
(. )ifferentiate exhausti"el, the *ational Territor Pro"isions of the 1+(,, 1+-( and 1+.-
&onstitution. Ta#ing emphasis in the semantics used to exemplif Philippine so"ereignt
and /urisdiction.
1935 Constitution
The *ational Territor0
1ection 1. The Philippines comprises all the territor ceded to the 2nited 1tates ! the
Treat of Paris concluded !etween the 2nited 1tates and 1pain on the tenth da of
)ecem!er, eighteen hundred and ninet3eight, the limits which are set forth in 'rticle III
of said treat, together with all the islands em!raced in the treat concluded at
%ashington !etween the 2nited 1tates and 1pain on the se"enth da of *o"em!er,
nineteen hundred, and the treat concluded !etween the 2nited 1tates and 4reat 5ritain
on the second da of 6anuar, nineteen hundred and thirt, and all territor o"er which
the present 4o"ernment of the Philippine Islands exercises /urisdiction.
1973 Constitution
The *ational Territor0
1ection 1. The national territor comprises the Philippine archipelago, with all the islands
and waters em!raced therein, and all the other territories !elonging to the Philippines !
historic or legal title, including the territorial sea, the air space, the su!soil, the sea3!ed,
the insular shel"es, and the su!marine areas o"er which the Philippines has so"ereignt
or /urisdiction. The waters around, !etween, and connecting the islands of the
archipelago, irrespecti"e of their !readth and dimensions, form part of the internal waters
of the Philippines.
1987 Constitution
The *ational Territor
The national territor comprises the Philippine archipelago, with all the islands and
waters em!raced therein, and all other territories o"er which the Philippines has
so"ereignt or /urisdiction, consisting of its terrestrial, flu"ial, and aerial domains,
including its territorial sea, the sea!ed, the su!soil, the insular shel"es, and other
su!marine areas. The waters around, !etween, and connecting the islands of the
archipelago, regardless of their !readth and dimensions, form part of the internal waters
of the Philippines.
7. %hat is meant ! and legal ramification of the following0
a. Territories ceded to the Philippines.
!. 'll other territories !elonging to the Philippines ! historic right or legal title.
It has a"oided the use of language historicall offensi"e to 8alasia and has used
instead the clause 9o"er which the Philippine has so"eireint or /urisdiction.: The
clause neither claims nor disclaims 1a!ah. It prescinds from an e"aluation of the
strength of the Philippine claim. The formula is a recognition of the fact that unilateral
assertions in a constitution, which is municipal law, ! themsel"es do not esta!lish
an international right to a territor.
The phrase ac;uired a definite meaning in the 1+-( &onstitution as a co"er3all for
pending Philippines claim to 1a!ah <formerl *orth 5orneo= against 8alasia and
the possi!le claim to the so3called >reedomland <a group of islands #nown as
?1pratle? islands in the 1outh &hina 1ea= and the 8arianas Islands, including
4uam <which according to historical documents were under the control of the ci"il
and ecclesiastical authorities in the Philippines during the 1panish Regime=, or an
other territor o"er which the Philippines ma in the future find it has a right to claim.
Its inclusion in the definition of our national territor merel pro"ided for the possi!ilit
that said territories might e"entuall !ecome a part of the Philippines !ut it did not
settle the ;uestion of whether the !elong to the Philippines ! historic right or legal
title.
The deletion, howe"er, of the words ?! historic right or legal title? is not to !e
construed as precluding future claims ! the Philippines to areas o"er which it does
not actuall exercise so"ereignt. The change is designed to impro"e our relations
with 8alasia while allowing flexi!ilit in pursuing the 1a!ah claim.
c. 'll other territories o"er which the Philippines has so"ereignt or /urisdiction.
This includes an territor which presentl !elongs or might in the future !elong to
the Philippines through an of the internationall accepted modes of ac;uiring
territor. >oremost among these territories are what referred to ! the 1+(,
&onstitution as 9all territor o"er which the present <1+(,= 4o"ernment of the
Philippine Island which, although indisputedl !elonging to the Philippines,
apparentl la outside the lines drawn ! the Treat of Paris.
It also includes what was referred to under 1+-( &onstitution as territories 9!elonging
to the Philippines ! historic right or legal title,: that is other territories which,
depending on a"aila!le e"idence, might !elong to the Philippines.
,. Explain the *ine )ash Line principle !eing espoused ! &hina. )oes this principle
encroach or "iolate an international norm. If so explain thoroughl.
The nine3dotted line, 23shape line, or nine3dash map ?*ine3segment line of the 1outh
&hina 1ea?@ refers to the demarcation line used ! the go"ernments of !oth the PeopleAs
Repu!lic of &hina <PR&= and the Repu!lic of &hina <Taiwan= for their island claims of
part of the 1outh &hina 1ea. The contested area includes the Paracel Islands, occupied
! &hina !ut claimed ! Bietnam@ and the 1pratl Islands, disputed ! the Philippines,
&hina, 5runei, 8alasia, Taiwan, and Bietnam, who each claim either part or all the
islands, which are !elie"ed to sit on "ast mineral resources, including oil.
>ollowing the defeat of 6apan at the end of %orld %ar II, the Repu!lic of &hina re3
claimed the entiret of the Paracels, Pratas and 1pratl Islands after accepting the
6apanese surrender of the islands !ased on the &airo and Potsdam )eclarations.In
*o"em!er 1+7C, the Repu!lic of &hina sent na"al ships to ta#e control of these islands
after the surrender of 6apan.
The nine3dotted line was originall an ele"en3dotted3line pu!lished !
the Duomintang go"ernment of the Repu!lic of &hina <1+1$E1+7+= in )ecem!er 1+7- to
/ustif its claims in the 1outh &hina 1ea. 'fter the &ommunist Part of &hina too# o"er
mainland &hina and formed the PeopleAs Repu!lic of &hina in 1+7+, the line was
adopted and re"ised to nine as endorsed ! Fhou Enlai. 'fter e"acuating to Taiwan,
the Repu!lic of &hina has continued its claims, and the nine3dotted line remains as the
rationale for TaiwanAs claims to the 1pratl and Paracel Islands.
' !asic principle of international law is non3retroacti"it. TodaGs law cannot o"erwrite
existing facts of the past, E"en if &hinaGs nine3dash line claim existed !efore 2nclos
which came into force in 1++7, it would not ha"e had an legal conse;uences. Prior to
2nclos, no state could la claim to waters more than three nautical miles from shore.
5esides, the nine3dash line was not pu!lished internationall aside from a
&hinese map. E"en if the nine3dash line was issued in 1+7-, it could not ha"e had an legal
effect.
Ten non-permanent members elected for two-year terms by the General Assembly
<with end of term date=0
1. 'rgentina <$H17=
$. 'ustralia <$H17=
(. &had <$H1,=
7. &hile <$H1,=
,. 6ordan <$H1,=
C. Lithuania <$H1,=
-. Luxem!ourg <$H17=
.. *igeria <$H1,=
+. Repu!lic of Dorea <$H17=
1H. Rwanda <$H17=
Non-Council Member States
8ore than CH 2nited *ations 8em!er 1tates ha"e ne"er !een 8em!ers of the 1ecurit &ouncil.
' 1tate which is a 8em!er of the 2nited *ations !ut not of the 1ecurit &ouncil ma participate,
without a "ote, in its discussions when the &ouncil considers that that countrAs interests are
affected. 5oth 8em!ers and non3mem!ers of the 2nited *ations, if the are parties to a dispute
!eing considered ! the &ouncil, ma !e in"ited to ta#e part, without a "ote, in the &ouncilAs
discussions@ the &ouncil sets the conditions for participation ! a non3mem!er 1tate.
P25LI& I*TER*'TII*'L L'%
Submitted by:
Divina L !lvaro
Submitted to:
!tty "or#ilio D$ "an%aniban &r