Professional Documents
Culture Documents
SUBJECTS
Who is authorized to represent the
state in the conclusion of treaties?
• It is for municipal law to determine
which organ of the state shall be
empowered to enter into treaties on its
behalf.
• In the Philippines, it is the President who
is vested with this power, but „no treaty
or international agreement shall be valid
and effective unless concurred in by at
least two-third of all the Members of the
Senate‟ (Art. VII, Sec. 21, 1987
Constitution)
What is the legal effect of a treaty concluded by
an organ of the state without authority to do so?
NEGOTIATION SIGNATURE
REGISTRATION
RATIFICATION
WITH UN
NEGOTIATION
Counter
Proposals Agreement
Proposals
Steps in the treaty making process
NEGOTIATION SIGNATURE
REGISTRATION
RATIFICATION
WITH UN
SIGNATURE
NEGOTIATION SIGNATURE
REGISTRATION
RATIFICATION
WITH UN
RATIFICATION
NEGOTIATION SIGNATURE
REGISTRATION
RATIFICATION
WITH UN
UN REGISTRATION
A B
TREATY WITH
BENEFIT MUST ALSO BE
GIVEN THE SAME
C BENEFIT, THOUGH
NO TREATY
RELATIONS
Doctrine of Pacta Sunt Servanda
3. State succession
4. When state cease to exist
5. Non-state territories
6. Discrimination as to ethnicity or
gender
Nationality of an individual
DIRECT INDIRECT
Wrongful act/omission by Wrongful act/omission by
its superior organs inferior government
official/private individuals
Give rise to immediate Can be excused by proof
responsibility, no that it was not negligent
recourse in preventing the injury or
in vindicating the rights
of the alien
Conditions for the enforcement of
the doctrine of state responsibility
• The injured alien must first exhaust all
local remedies
– The state must be given an opportunity to
do justice in its own regular way without
unwarranted interference with its
sovereignty by other states
– Only if it sought in vain does diplomatic
interposition become proper
• He must be represented in the
international claim for damages by his
own state
IMMIGRATION
• Refers to the authorized movement or
entries into, sojourns within and exits
of foreigners from the territory of a
state.
ALIENS/FOREIGNERS
• Not citizen of the Philippines.
• To know who are aliens/foreigners is
to know who are Filipino citizens
• Philippine citizenship laws
Nature of Immigration Laws
• Vary from state to state
• Forms part of municipal law, not
international law. The latter is a
medium.
• A matter of privilege, not of right
• Every state has the absolute and
exclusive power to regulate
immigration.
• Incidents of sovereignty
Matter of privilege
• The entry and admission of foreigners
into the Philippines is a matter of
privilege, because every foreign state
has absolute and exclusive power of
government in its own territory.
Matter of privilege
Once admitted, all foreigners:
• are bound to respect the laws of the
territory
• owe a local or temporary allegiance of the
government of the state
• they must obey its laws and may be
prosecuted for violating them
• may be fairly be called upon to bear their
share of the general public burden.
Incidents of Sovereignty
• A state is under no duty, in the
absence of treaty obligations, to admit
aliens into its territory. If it does admit
them, it may do so on such terms and
conditions as may be deemed by it to
be consonant with its national
interest. A state may deport from its
territory, aliens whose presence may
be regarded as undesirable.
Immigration laws are incidents of
sovereignty.
Deportation
• The expulsion of an alien who is
considered undesirable by the local
state, usually but not necessarily to
his own state
Extradition
• The surrender of a fugitive by one
state to another where he wanted for
prosecution or if already convicted, for
punishment
• Assignment Extradition Treaties
with Philippines
DEPORTATION VS. EXTRADITION
DEPORTATION EXTRADITION
- Immigration law concept - International and criminal law
concept
- Administrative procedure, - A penal process based on an
preventive not penal process inter-government (international)
agreement
- Does not necessarily require a - Formal request of one state for
request of a foreign state prior to the delivery of a person for the
delivery of foreigner to receiving commission of a crime while the
state or government person is in the territory of
another state.
- Act of one state - Act of two states
- Does not need a treaty to - There must be an extradition
implement a final order treaty
- Against a foreigner - Against any person
- Exercise of police power, not a - Punishment, crime
crime
SETTLEMENT OF
INTERNATIONAL DISPUTES
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
• May be legal or political
• There is yet no adequate machinery for
the settlement of international dispute
such as is available under municipal
law.
How settled?
• Basic principles of UN, „by peaceful
means in such manner that
international peace and security and
justice, are not endangered.
Amicable methods of settling
disputes
• Negotiation
• Inquiry
• Good offices
• Mediation
• Conciliation
• Arbitration
• Judicial Settlement
Negotiation
• The discussion by the parties
themselves of their respective claims
and counterclaims with a view to their
just and orderly adjustment
• Where the talks prosper and
agreement is react, it is usually
formalized in a treaty
Inquiry
• An investigation of the points in question
• Most disputes are caused by
misunderstanding
• Elucidation/clarification will contribute
to the solution of the problem
• Clarification by an impartial and
conscientious body can limit/remove
areas of disagreement
Good office
• Method by which a third party
attempts to bring the disputing states
together in order that they may be
able to discuss the issues in
contention
• Provide opportunity for states to
negotiate
Mediation
• Mediator/third party not merely
provide the opportunity for states to
negotiate, but actively participates in
the discussion in order to reconcile
their conflicting claims and appease
their feelings of resentment
Conciliation
• Like mediation, third party actively
participate to attempt to settle conflict
among disputants
• But unlike mediation, the service of
the conciliator are not volunteered by
the third party but solicited by the
parties in dispute
Arbitration
• A process by which the solution of a
dispute is entrusted to an impartial
tribunal, usually created by the
parties themselves under a charter
known as the compromis provides
for the composition of the body, rules
of proceedings, etc.
• Unlike in conciliation, the proceedings
are essentially judicial and the award
is binding on the parties
Judicial Settlement
JUDICIAL TRIBUNAL ARBITRAL TRIBUNAL
Pre-existing and Ad Hoc Body created and
permanent body filled by the parties
themselves
Jurisdiction is Jurisdiction is voluntary
compulsory
Legal disputes Political disputes
What generally follows the failure to settle
a dispute by amicable methods?
• Display of force
• Occupation of territory
• Embargo (detention of vessel/goods)
• Suspension of treaties
• Pacific blockade
War